Created by Fuzzy Cloud

Bombay High Court

Mohamed Husain Bhai AnwarversusState of Maharashtra

Decided
Disposal
DISPOSED OFF

Holding

The Court ordered the Superintendent, State Excise to consider the petitioner’s representation and, if legally permissible, remove the petitioner’s address from the FL‑III/504/Q license.

Summary

The petitioner purchased a property at auction under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and is in lawful possession. The property’s address appears on an FL‑III/504/Q excise license issued in the name of the defaulting borrower. The petitioner filed a representation with the Superintendent, State Excise seeking removal of his name and address from that license, contending he has no concern with the borrower’s license. The Court found merit in the petition and directed the Superintendent to consider the representation and, if no legal impediment exists, delete the petitioner’s address from the license. The Superintendent must decide and inform the petitioner within four weeks, and the petition was disposed of.

Issues considered

  • Whether the address of the petitioner, now in possession of the property purchased at auction, should be removed from the FL‑III/504/Q excise license issued in the name of the defaulting borrower

Legislation cited

Subjects

  • auction
  • securitisation act
  • excise license
  • address removal
  • property possession
  • writ petition
  • representation
  • Superintendent State Excise

Judgment

                                                                              908-WP 4290-26.doc
ARJUN
MACHHINDRA
KADAM                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
ARJUN
MACHHINDRA
KADAM
                                       WRIT PETITION NO. 4290 OF 2026
Date: 2026.09.11
18:54:31 +0530
                      Mohamed Husain Bhai Anwar                               … Petitioner
                               Versus
                      State of Maharashtra & Ors.                             ... Respondents

                      Mr. Gopalkrishna Nayak a/w. Ms. Ritika Kudia, Ms. Devyani Moghe
                      for the Petitioner.
                      Smt. Fatima Lakdawala, AGP for the Respondent-State.

                                                   CORAM       : M. S. KARNIK AND
                                                                 SANDESH D. PATIL, JJ.
                                                   DATED       : 11th SEPTEMBER, 2026.

                      P.C. :

                      1.          Heard learned counsel for the petitioner.

                      2.          The petitioner is the purchaser of the subject property

                      pursuant to an auction held in the course of the proceedings under

                      the Securitisation and Reconstruction of Financial Assets and

                      Enforcement of Security Interest Act, 2002. The defaulting borrower

                      had FL-III/504/Q License in his name which indicated the address of

                      the property.   The petitioner pursuant to the auction has made

                      necessary payment and is in lawful possession and occupation of the

                      premises.

                      3.          The grievance of the petitioner that he has made a

                      representation to the Superintendent, State Excise for removing the

                       Amk                                                               1/2
                                                      908-WP 4290-26.doc

petitioner name and address from the FL-III/504/Q License as he has

no concern with the same and it is in fact defaulting borrower in

whose name the license was issued indicating the address of the

property, which is now in possession of the petitioner.

4.           We find substance in the submission of learned counsel

for the petitioner that the address of the petitioner should be

removed from the license.

5.           We have heard learned AGP.

6.           Considering that the representation has been made by the

petitioner to the Superintendent, State Excise on 30 th June, 2026,

which is at Exhibit ‘F’ to the petition, the Superintendent, State

Excise is directed to decide the representation and if otherwise there

is no legal impediment, remove the address of the subject property

which now belonging to the petitioner from FL-III/504/Q License.

7.           The representation be considered and the decision

thereon be taken and informed to the petitioner within a period of

four weeks from the date of communication of this Order.

8.           The petition is disposed of.



     (SANDESH D. PATIL, J.)                      (M. S. KARNIK, J.)


 Amk                                                             2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.