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Bombay High Court

MOTILAL OSWAL HOME FINANCE LIMITEDversusTHE STATE OF MAHARASHTRA THR GOVERNMENT PLEADER 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The Court permitted the withdrawal of the writ petitions and disposed of them as withdrawn.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 against the State of Maharashtra and others. The petitioner later obtained physical possession of the secured asset on 4 June 2026 and instructed its counsel to withdraw both petitions. The learned counsel applied to the Court for permission to withdraw, citing the change in factual circumstances. The Court examined the petitioner's request and, finding no objection, allowed the withdrawal. Both writ petitions were consequently disposed of as withdrawn, and any pending applications were also dismissed.

Issues considered

  • Whether a petitioner may withdraw a writ petition after obtaining 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

Priya Kambli
        by PRIYA
  PRIYA KAMBLI
  KAMBLIDate:
        2026.09.08
        17:45:46 +0530

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