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Bombay High Court

INDIA SME ASSET RECONSTRUCTION COMPANY LTDversusTHE STATE OF MAHARASHTRA THRU GP AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is disposed as there is nothing further to adjudicate after compliance with the Court's directions.

Summary

India SME Asset Reconstruction Company Ltd., a secured creditor, filed Writ Petition No. 9025 of 2026 against the State of Maharashtra and other respondents. The Court had earlier issued directions which the State authorities subsequently complied with, as evidenced by an affidavit of compliance filed by the petitioner. Affidavits from police officials and a Naib Tahsildar explained why prompt compliance was initially delayed, and the Court accepted these explanations. Having satisfied the Court’s earlier directions, the petition was found to have no remaining relief to grant. Consequently, the Court disposed of the writ petition and the related interim application.

Issues considered

  • Whether the writ petition should be dismissed after the respondents have complied with the Court's earlier directions

Subjects

  • writ petition
  • compliance
  • disposal
  • secured creditor
  • interim application
  • High Court of Bombay

Judgment

                                                                                                   906_WP9025_26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                  WRIT PETITION NO.9025 OF 2026

                               India SME Asset Reconstruction Company Ltd.               …        Petitioner
                               Vs.
                               State of Maharashtra and others                           …        Respondents
                                                               WITH
                                           INTERIM APPLICATION (ST.) NO.22988 OF 2026
                                                                      IN
                                                  WRIT PETITION NO.9025 OF 2026
                                                                      ---
                               Ms. Poonam Utekar i/b. A. G. Pandit & Associates for Petitioner.
                               Mr. B. V. Samant, Additional GP a/w. Mr. S. P. Kamble, AGP for Respondents-
                               State.
                               Mr. Shrikant Misal, Resident Naib Tahsildar, Pune City (Respondent No.3).
                               Mrs. Ashvini Anil Satpute, Senior Inspector of Police, Bibwewadi Police Station,
                               Pune City (Respondent No.6).
                               Mr. Nivas Maruti Shinde, Police Sub-Inspector, Bibwewadi Police Station, Pune
                               City.

                                                            CORAM : MANISH PITALE &
                                                                    SHREERAM V. SHIRSAT, JJ.
                                                            DATE       : AUGUST 20, 2026

                               P.C. :

                               .        When the petition is called out for hearing, Ms. Utekar, learned
                               counsel for the petitioner (secured creditor) informs this Court that
                               finally, the directions of this Court have been complied with and that the
                               officers of the respondent State took necessary steps as directed by this
MINAL
SANDIP
         Digitally signed by
         MINAL SANDIP
         PARAB
         Date: 2026.08.20
                               Court. An affidavit of compliance is tendered on behalf of the petitioner.
PARAB    18:05:54 +0530




                               The same is taken on record.

                               2.       The learned AGP has also tendered affidavits of the Police Sub-
                               Inspector and the Senior Inspector of Police, Bibwewadi Police Station,
                               Pune City as also Resident Naib Tahsildar, Pune City. The said officers

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                                                             906_WP9025_26.doc



are present in Court. In their affidavits, the officers have explained the
circumstances in which prompt compliance of the directions issued by
this Court could not be ensured.

3.      We accept the explanations given in the said affidavits by the
officers concerned. The affidavits are taken on record.

4.      In view of the above, nothing survives in this petition and it is
disposed of accordingly.

5.      In view of the order passed in the writ petition, Interim
Application (St.) No.22988 of 2026 is also disposed of.




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




Minal Parab




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