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Bombay High Court

MOTILAL OSWAL HOME FINANCE LIMITED THR ITS AUTHORISED OFFICERSversusTHE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AND ORS

Decided
Disposal
Disposed Off

Holding

Since the order has been complied with and possession taken, nothing survives in the petition and it is disposed.

Summary

The petitioner, Motilal Oswal Home Finance Limited, a secured creditor, filed a writ petition seeking relief concerning a secured asset. The trial court had issued an order on 16 July 2026 directing the petitioner to take possession of the asset. The petitioner’s counsel informed the High Court that the order had been complied with and possession was taken. The Court examined whether any relief remained to be granted after compliance. Finding that the purpose of the petition was fulfilled, the Court held that nothing survived in the writ petition. Consequently, the petition and any pending applications were disposed of.

Issues considered

  • Whether the writ petition should be dismissed after the petitioner has taken possession of the secured asset as ordered on 16 July 2026.

Subjects

  • writ petition
  • secured creditor
  • possession
  • civil appellate jurisdiction
  • disposal

Judgment

                                   bipin prithiani
                                                                         1
                                                                                               25-wp-19295.24.doc

                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                                     WRIT PETITION NO. 19295 OF 2024

                                   Motilal Oswal Home Finance Limited                   …     Petitioner
                                        Versus
                                   The State of Maharashtra & Ors.                      …     Respondents
                                                                ******
                                   Mr. Navin Arora (through V.C.) for the Petitioner.
                                   Mrs. P. M. Joshi-Deshpande, AGP for Respondent-State.
BIPIN
DHARMENDER
             Digitally signed by
             BIPIN DHARMENDER
             PRITHIANI                                          ******
PRITHIANI    Date: 2026.07.28
             11:48:42 +0530
                                                         CORAM : MANISH PITALE AND
                                                                     SHREERAM V. SHIRSAT, JJ.

                                                               DATE      : 27th JULY 2026

                                   P.C. :

                                   .         The learned counsel for the petitioner (secured creditor)
                                   informs this Court that order dated 16th July 2026 has been
                                   complied with and possession of the secured asset has been taken
                                   by the petitioner.

                                   2.        In view of the above, nothing survives in this writ petition
                                   and accordingly, it is disposed of.

                                   3.        Pending applications, if any, also stand disposed of.



                                       (SHREERAM V. SHIRSAT, J.)                    (MANISH PITALE, J.)


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