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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