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- Disposed off as Withdrawn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The petition is disposed of as withdrawn.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 The Court examined whether a writ petition could be withdrawn after the underlying application was disposed of. Finding no impediment, the Court allowed the withdrawal and disposed of the writ petition as withdrawn.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 The petition is disposed of as withdrawn.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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