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Bombay High Court

Tata Capital Housing Finance LimitedversusState of Maharashtra Through Joint Civil Judge Senior Division, Thane

Decided
Disposal
Disposed off as Withdrawn

Holding

The petition is disposed of as withdrawn.

Summary

Tata Capital Housing Finance Ltd, a secured creditor, filed a writ petition in the Bombay High Court seeking the Court's permission to withdraw the petition because the concerned magistrate had already disposed of its application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner argued that further proceedings were unnecessary. The Court examined whether a writ petition could be withdrawn after the underlying application was disposed of. Finding no impediment, the Court allowed the withdrawal and disposed of the writ petition as withdrawn. Any pending applications, if existent, were also deemed disposed.

Issues considered

  • Whether a writ petition seeking permission to withdraw can be allowed after the underlying application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been disposed by the magistrate.

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • secured creditor
  • Section 14
  • Securitisation Act
  • High Court

Judgment

                                                                                        12_WP_9448_26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                               WRIT PETITION NO. 9448 OF 2026

                             Tata Capital Housing Finance Limited                …     Petitioner
                                          vs.
                             The State of Maharashtra, Thr. Jt. CJSD, Thane      …     Respondent

                             Ms. Gayatri Mohite a/w. Mr. Dhrupad Vaghani, Ms. Radhika Kabra and
                             Mr. Ronit Doshi, i/b. Anchorstone Legal for petitioner.
                             None for respondent.

                                                                CORAM :    MANISH PITALE &
                                                                           SHREERAM V. SHIRSAT, JJ
                                                                DATE   :   31st JULY, 2026
                             P.C. :


                             .        The learned counsel for the petitioner (secured creditor) seeks
                             permission to withdraw the petition, as the concerned Magistrate has
                             already disposed of the application filed by the petitioner under
                             Section 14 of the Securitisation and Reconstruction of Financial
                             Assets and Enforcement of Security Interest Act, 2002.


                             2.       The petition is disposed of as withdrawn. Pending applications,
                             if any, also stands disposed of.




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




      Priya Kambli




          Digitally signed
          by PRIYA
PRIYA  KAMBLI
       Date:
KAMBLI 2026.07.31
       17:59:27
          +0530

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