Bombay High Court

TATA CAPITAL HOUSING FINANCE LTD. THR. LEGAL MANAGER SHAMVEL BAJIRAO PATOLEversusTHE STATE OF MAHARASHTRA THR. THE OFFICE OF GOV. PLEADER

Disposal: Allowed To be withdrawn

Holding

The petition is disposed of as withdrawn, with liberty granted to file the application under Section 14 of the Securitisation Act.

Summary

Tata Capital Housing Finance Ltd. filed a writ petition before the Bombay High Court seeking leave to withdraw the petition and to obtain liberty to file an application before the Chief Judicial Magistrate, Solapur, for an expeditious hearing under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner, through counsel, requested that the court allow the withdrawal and grant the said liberty. The court examined the request and found no impediment to permitting the withdrawal. Consequently, the court disposed of the writ petition as withdrawn, granting the liberty sought. The order was pronounced by Justices Sharmila U. Deshmukh and Neeraj P. Dhote on August 29, 2026.

Issues considered

Whether a writ petition may be withdrawn at the petitioner's request
Whether the court can grant liberty to file a separate application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 14

Subjects

withdrawal of writ petition
Section 14
Securitisation Act
expeditious hearing
high court order

Judgment

43-WP-2260-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2260 OF 2026

Tata Capital Housing Finance Ltd. ...Petitioner.
Versus
The State of Maharashtra ...Respondent.
——————
Mr. Suresh Patil, i/b. Mr. Jolly Bhutelo for the Petitioner.
Mr. A. A. Anaspurkar, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 29, 2026.
P. C. :

1. The learned counsel appearing for the Petitioner, on instructions,

seeks leave to withdraw the petition with liberty to ile an application

before the learned Chief Judicial Magistrate, Solapur for expeditious

hearing of the application under Section 14 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002.

2. The Petition is disposed of as withdrawn, with liberty as prayed

for.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.31
12:26:38
+0530

Gaikwad RD 1 of 1

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