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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The court permitted the withdrawal of the writ petitions and disposed of them as withdrawn.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the court that physical possession of the asset had been taken on 4 June 2026 and requested that the petitions be withdrawn.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 Both writ petitions were consequently disposed of as withdrawn, and any pending applications were also dismissed.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  • Whether a writ petition may be withdrawn by the petitioner after taking possession of the secured asset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

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