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Bombay High Court

MOTILAL OSWAL HOME FINANCE LTD. (FORMERLY KNOWN AS ASPIRE HOME FINANCE CORP. LTD. )versusTHE STATE OF MAHARASHTRA THR CHIEF JUDICIAL MAGISTRATE AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed as the petitioner has complied with the court's directions and criminal proceedings have been initiated.

Summary

The petitioner, Motilal Oswal Home Finance Ltd., a secured creditor, sought compliance with a court order dated 7 August 2026 directing the handover of physical possession of a secured asset. The petitioner informed the court that the possession has been handed over and that a FIR was registered against alleged trespassers, with a charge-sheet filed. The respondent State of Maharashtra, through its Additional Government Pleader, confirmed these developments. The court, noting compliance with its earlier directions and the initiation of criminal proceedings, disposed of the writ petition. All pending applications, if any, were also dismissed.

Issues considered

  • Whether the petitioner has complied with the court's order dated 7 August 2026 regarding possession of the secured asset
  • Whether the filing of FIR and charge-sheet against trespassers suffices for further relief

Subjects

  • secured creditor
  • possession
  • writ petition
  • compliance
  • FIR
  • charge-sheet
  • civil appellate jurisdiction

Judgment

                         varsha                                                          21-wp-9260-2026.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO. 9260 OF 2026

                    Motilal Oswal Home Finance Ltd.                ..           Petitioner
                    (FORMERLY Known As Aspire
                    Home Finance Corp. Ltd).
                    V/S.
                    The State of Maharashtra Thr                   ..          Respondents
                    Chief Judicial Magistrate Andors
                                                        -------------------
                    Mr. Chaitanya Deshpande (VC) i.by Navin Arora, for petitioner.
                    Ms. Tanu Bhatia, AGP, for the Respondent/State.
                                                        --------------------
       Digitally
       signed by
       VARSHA
                                                       CORAM : MANISH PITALE &
VARSHA DEEPAK
DEEPAK GAIKWAD
GAIKWAD Date:
       2026.08.21
                                                               SHREERAM V. SHIRSAT, JJ.
       14:55:25
       +0530
                                                          DATE : 21ST AUGUST 2026.
                    PC:


                    1.        Learned counsel for the petitioner, a secured creditor informs this
                    Court that the directions contained in the order dated 7/8/2026 have
                    been complied with, and physical possession of the secured asset has
                    been handed over to the petitioner.

                    2.        Learned AGP further informs this Court that on the written
                    complaints given by the petitioner secured creditor, FIR was registered
                    against the trespassers and as on today, charge-sheet has also been
                    filed.

                    3.            In view of the above, the writ petition is disposed of.



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     varsha                                                       21-wp-9260-2026.doc


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



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




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