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

                         varsha                                                     22-wp-9261-2026.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CIVIL APPELLATE JURISDICTION
                                        WRIT PETITION NO. 9261 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.
       14:55:26
       +0530
                                                     DATE : 21ST AUGUST 2026.
                    PC:


                    1.        Learned counsel for the petitioner informs this Court that the
                    directions contained in the order dated 07/08/2026 have been
                    complied with and the possession of the secured asset has been made
                    over to the petitioner (secured creditor).

                    2.        In the context of directions contained in the said order to the
                    concerned police officer of the local police station to inform as to what
                    steps have been taken in pursuance of the complaints lodged by the
                    petitioner secured creditor on the aspect of trespass into the secured
                    assets, the learned APP has tendered a response and certain documents
                    annexed thereto. These include a communication addressed to the


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learned APP. In the documents annexed to the said communication, we
find a strange procedure adopted by the concerned police officer,
wherein communications have been addressed on a few dates to the
authorized officer of the petitioner secured creditor from November
2025 to April 2026, all titled as "Samaj Patra", repeatedly calling upon
the authorized officer of the petitioner secured creditor to come
forward for recording of his statement, in the light of the fact that the
specifically named persons are found to have encroached upon the
secured assets. Documents submitted by the learned AGP are taken on
record.

3.        We fail to understand this strange procedure adopted by the
police machinery. In terms of the law laid down by the Supreme Court
in various judgments, including Constitution Bench judgment in the
case of "Lalita Kumari Vs. Government of Uttar Pradesh and Ors"1 when
a cognizable offense is made out on the basis of the grievance/written
complaint presented to the police, an FIR has to be registered.

4.        In the present case, written complaints were submitted by the
petitioner secured creditor, specifically bringing it to the notice of the
police machinery that the secured assets had been trespassed, which
did indicate sufficient material for registration of offences, yet all that
the police machinery has done from November 2025 to April 2026 is to
send repeated communications to the authorized officer of the
petitioner secured creditor. Such conduct is in the teeth of the settled
position of law.

5.        In view of the above, we direct that the respondent police

1    (2024) 2 SCC 1

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machinery shall take necessary steps for registration of FIR in the light
of the written complaints submitted by the petitioner secured creditor
with regard to the question of trespass and encroachment into the
secured assets.

6.            With these directions, the Writ Petition is disposed of.




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




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