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Bombay High Court

PNB HOUSING FINANCE LIMITEDversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioner had complied with the earlier directions and therefore disposed of the writ petitions.

Summary

PNB Housing Finance Ltd, a secured creditor, filed three writ petitions (Nos. 8541, 8544, 8545 of 2026) seeking enforcement of earlier court directions to take physical possession of a secured asset. The High Court had previously ordered that possession be handed over to the petitioner. The petitioner submitted documents confirming that the possession has been transferred and requested final orders. The Court accepted the compliance, disposed of all three petitions and any pending applications, and directed the State authorities to pursue further legal steps concerning the petitioner’s complaints of trespass on the property. No further relief was granted beyond confirming compliance.

Issues considered

  • Whether the petitioner has complied with the Court's earlier directions to take physical possession of the secured asset
  • Whether the Court should dispose of the writ petitions on the basis of such compliance

Subjects

  • secured creditor
  • possession
  • writ petition
  • compliance
  • trespass
  • High Court

Judgment

                                                                            87 to 89_WP_8541, 8544, 8545_26.doc



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 8541 OF 2026
                                                            AND
                                              WRIT PETITION NO. 8544 OF 2026
                                                            AND
                                              WRIT PETITION NO. 8545 OF 2026

                            PNB Housing Finance Limited                    …               Petitioner
                                         vs.
                            The State of Maharashtra and others            …               Respondents

                            Mr. Smit Shah a/w. Ms. Heena Lambate for petitioner – secured creditor.
                            Mr. S. P. Kamble, AGP for respondents – State authorities in
                            WP/8541/2026.
                            Ms. Tanu N. Bhatia, AGP for respondents – State authorities in
                            WP/8544/2026.
                            Ms. D. S. Deshmukh, AGP for respondents – State authorities in
                            WP/8545/2026.

                                                              CORAM :      MANISH PITALE &
                                                                           SHREERAM V. SHIRSAT, JJ
                                                              DATE     :   01st OCTOBER, 2026
                            P.C. :


                            .        These petitions are filed by the same secured creditor.


                            2.       As per orders passed by this Court, directions were issued for
                            taking physical possession of the secured asset to be handed over to
                            the petitioner.


                            3.       The learned counsel for the petitioner informs this Court that
                            the directions in these petitions have been complied with and that
                            appropriate orders can be passed. Copies of relevant documents
                            showing physical possession having been handed over to the
                            petitioner, are tendered. The same are taken on record.
         Digitally signed
         by PRIYA
PRIYA    KAMBLI
         Date:
KAMBLI   2026.10.01
         18:54:14
         +0530
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                                                              87 to 89_WP_8541, 8544, 8545_26.doc




               4.    Writ petitions are disposed of. Pending applications, if any, also
               stand disposed of.


               5.    The respondent – State authorities are directed to take further
               steps in accordance with law on the complaints filed by the petitioner
               – secured creditor, as regards trespass into the property.




               (SHREERAM V. SHIRSAT, J.)                          (MANISH PITALE, J.)




Priya Kambli




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