Bombay High Court
MOTILAL OSWAL HOME FINANCE LTD THROUGH ITS AUTHORIZED OFFICERversusTHE STATE OF MAHARASHTRA THROUGH G.P. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court permitted the withdrawal of the writ petitions and disposed of them as withdrawn.
Summary
Motilal Oswal Home Finance Limited, a secured creditor, filed two writ petitions (Nos. 3561 and 3564 of 2025) in the Bombay High Court seeking relief concerning a secured asset. The petitioner’s counsel later informed the court that physical possession of the asset had been taken on 4 June 2026 and requested that the petitions be withdrawn. The court considered the request and, finding no objection, allowed the withdrawal. Both writ petitions were consequently disposed of as withdrawn, and any pending applications were also dismissed. No substantive legal issues were adjudicated beyond the procedural matter of withdrawal.
Issues considered
- Whether a writ petition may be withdrawn by the petitioner after taking possession of the secured asset
Subjects
- withdrawal of writ
- secured creditor
- possession
- High Court of Bombay
- civil appellate jurisdiction
Judgment
906_WP_3561 & 3564_25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3561 OF 2025
WITH
WRIT PETITION NO. 3564 OF 2025
Motilal Oswal Home Finance Limited,
Through Authorized Officer … Petitioner
vs.
The State of Maharashtra and others … Respondents
Mr. Suraj Gupta, i/b. Mr. Padmakar Garad for petitioner.
Mr. R. S. Pawar, AGP for respondents – State authorities in WP/3561/2025.
Ms. R. A. Salunkhe, AGP for respondents – State authorities in WP/3564/2025.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 08th SEPTEMBER, 2026
P.C. :
Writ Petition No.3561 of 2025:
. The learned counsel for the petitioner (secured creditor), on
instructions, seeks permission to withdraw the petition, in the light of
the fact that the physical possession of the secured asset has been
taken on 04.06.2026.
2. The writ petition is disposed of as withdrawn. Pending
applications, if any, also stand disposed of.
Writ Petition No.3564 of 2025:
3. The learned counsel for the petitioner (secured creditor), on
instructions, seeks permission to withdraw the petition.
4. The writ petition is disposed of as withdrawn. Pending
applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Digitally signed
by PRIYA
PRIYA
Priya Kambli
KAMBLI
KAMBLIDate:
2026.09.08
17:45:46 +0530
1/1
Checking your session…