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
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