Bombay High Court

RELIGARE FINVEST LIMITEDversusTHE STATE OF MAHARASHTRA THR THE CHIEF JUDICIAL MAGISTRATE AND ORS

Decided: 17 August 2026
Disposal: Disposed Off

Holding

Since the debt was fully repaid, the court held that no further orders for possession were necessary and disposed of the petition.

Summary

The petitioner, Religare Finvest Ltd., filed a writ petition seeking court-ordered physical possession of a secured asset on 10 August 2026. The court had earlier directed possession in its order dated 27 July 2026. On the scheduled date, the respondent borrowers partially, then fully, repaid the amount due to the petitioner, rendering possession unnecessary. The petitioner’s counsel indicated that only minor formalities remained to close the loan account. Considering the full repayment, the court found no further relief was required and disposed of the petition, also dismissing any pending applications.

Issues considered

What relief, if any, should the court grant when the secured borrower has fully repaid the debt after a possession order was issued?

Subjects

secured loan
possession
repayment
writ petition
civil appellate jurisdiction
loan closure

Judgment

                                                                                  21-WP-8604-2026.doc



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION
                                        WRIT PETITION NO. 8604 OF 2026

                   Religare Finvest Limited                                … Petitioner
                               Versus
                   The State of Maharashtra and others                     … Respondents
                                                      ******
                   Mr. Charles D’souza, a/w Mr. Archit Virmani and Mr. Atul Gupta, a/w Ms.
                   Pragati Goti, for Petitioner.
                   Mr. O. A. Chandurkar, Addl GP, a/w Ms. G. R. Raghuwanshi, AGP for
SWEETY
RAJU
BHALERAO           Respondent/State.
Digitally signed
by SWEETY RAJU
BHALERAO
Date: 2026.08.18
                                                      ******
11:03:30 +0530


                                                    CORAM : MANISH PITALE &
                                                            SHREERAM V. SHIRSAT, JJ.
                                                       DATE : 17th AUGUST 2026.
                   PC:


                   1.     This petition is listed for compliance in the light of the order dated

                   27/07/2026. By the said order, physical possession of the subject property

                   was to be taken on 10/08/2026.


                   2.     This Court is informed that on the said date when the physical

                   possession was to be taken, the respondent borrowers partly paid the

                   amount due and thereafter they paid the entire amount due to the

                   petitioner (secured creditor). In that light, there was no necessity to take

                   steps as directed by this Court for taking physical possession of the

                   secured asset on 10/08/2026.

                    Bhalerao                                                                      1
                                                               21-WP-8604-2026.doc



3.     Learned counsel for the Petitioner informs this Court that only few

formalities are left for completing the said exercise of closing the loan

account itself.


4.     In view of the above, no further orders are necessary in this petition

and accordingly it is disposed of.


5.     Pending applications, if any, also stand disposed of.




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




 Bhalerao                                                                      2

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