Bombay High Court
JANA SMALL FINANCE BANK LTD THROU. MOHAMMED ABDUL KHALIDversusTHE STATE OF MAHARASHTRA THROU. GOVT PLEADER AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed as the State has complied with the Court's directions and the FIR has been registered.
Summary
Jana Small Finance Bank Limited, as a secured creditor, filed a writ petition seeking compliance with a prior order directing the State to hand over physical possession of a secured asset. The State authorities complied, and the possession documents (Tabepavati and Panchanama) were handed over on 28 September 2026. The State also reported that an FIR had been registered based on the bank's complaint. The Court directed the State to pursue the investigation expeditiously in accordance with law. With compliance established, the Court disposed of the writ petition and any pending applications.
Issues considered
- What is the status of compliance with the Court's earlier order regarding possession of the secured asset?
- Whether the State has appropriately instituted an FIR and should continue investigation as directed.
Subjects
- secured creditor
- possession of asset
- FIR
- writ petition
- compliance
- investigation
- High Court
Judgment
909_WP3007_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3007 OF 2026
Jana Small Finance Bank Limited through its Authorized
Officer Mohammed Abdul Khalid … Petitioner
Vs.
State of Maharashtra and others … Respondents
Mr. Balasaheb S. Choure (through VC) for Petitioner.
Ms. Tanu N. Bhatia, AGP for Respondents-State.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : OCTOBER 07, 2026
P.C. :
. Mr. Choure, learned counsel for the petitioner bank (secured
creditor) and Ms. Bhatia, learned AGP for respondents-State inform this
Court that the directions contained in order dated 16.09.2026 have been
complied with. The learned AGP has tendered copies of Tabepavati and
Panchanama indeed showing that physical possession of secured asset
was handed over to the petitioner bank on 28.09.2026. Copies of
Tabepavati and Panchanama are taken on record.
2. The learned AGP, on instructions, makes a statement that FIR has
been registered in pursuance of complaint received from the petitioner
bank.
3. We direct the State authorities to pursue the matter, including
investigation as per the FIR, expeditiously and in accordance with law.
4. With these observations, the writ petition is disposed of.
5. Pending applications, if any, also stand disposed of.
MINAL Digitally signed by
MINAL SANDIP PARAB
SANDIP Date: 2026.10.07
PARAB 17:48:59 +0530
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Minal Parab 1/1
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