Bombay High Court
AADHAR HOUSING FINANCE LIMITED THR ITS AUTHORIZED OFFICERversusTHE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed as the State complied with the order and an FIR has been registered.
Summary
Aadhar Housing Finance Limited, a secured creditor, filed a writ petition seeking compliance with an earlier order directing the State of Maharashtra to hand over physical possession of a secured asset. The petitioner’s counsel informed the Court that the State had complied, producing Tabepavati and Panchanama showing possession was transferred on 28 September 2026. The State’s Additional Government Pleader stated that an FIR had been registered based on the petitioner’s complaint. The Court directed the State authorities to pursue the investigation expeditiously in accordance with law. Satisfied with the compliance and the FIR registration, the Court disposed of the writ petition and any pending applications.
Issues considered
- Did the State of Maharashtra comply with the Court’s order to hand over possession of the secured asset to the petitioner?
- Was an FIR appropriately registered in response to the petitioner’s complaint?
- Should the Court issue further directions regarding the investigation of the FIR?
Subjects
- secured creditor
- possession
- FIR
- writ petition
- compliance
- High Court
Judgment
909_WP3648_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3648 OF 2026
Aadhar Housing Finance Limited through its
Authorized Officer … 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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