Bombay High Court
EDELWEISS ASSET RECONSTRUCTION COMPANY LTD.versusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the necessary steps have been taken to effect possession and therefore disposed of the petition without further directions.
Summary
Edelweiss Asset Reconstruction Company Ltd., a secured creditor, filed a writ petition seeking enforcement of an order dated 7 August 2026 directing that physical possession of a secured asset be handed over to it. The petition raised a grievance that the Court Commissioner’s request for police assistance to take possession had not been acted upon. The learned Additional Government Pleader informed the Court that police officers had initially been unable to take possession, but after the August 7 order, they provided assistance and secured possession on 14 August 2026. The Court examined whether the steps taken satisfied the grievance raised by the Court Commissioner. Satisfied with the AGP’s statement, the Court held no further directions were required and disposed of the petition.
Issues considered
- Whether appropriate steps have been taken with respect to the grievance raised by the Court Commissioner regarding possession of the secured asset
- Whether the petitioner is entitled to physical possession of the secured asset as directed in the order dated 7 August 2026
Subjects
- secured creditor
- possession of secured asset
- Court Commissioner
- police assistance
- writ petition
- disposal
Judgment
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905-wp-9614.26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9614 OF 2026
Edelweiss Asset Reconstruction Company Ltd. … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
******
Ms. Priyanka Fadia (through V.C.) i/by Mr. Shashank N. Fadia for
Petitioner.
Mrs. G. R. Raghuwanshi, AGP for Respondent-State.
BIPIN
DHARMENDER
PRITHIANI
Digitally signed by
BIPIN DHARMENDER
PRITHIANI
Date: 2026.09.02
******
CORAM : MANISH PITALE AND
10:54:29 +0530
SHREERAM V. SHIRSAT, JJ.
DATE : 1st SEPTEMBER 2026
P.C. :
. In the order dated 20th August 2026 we had already
recorded the statements made on behalf of the petitioner (secured
creditor) that physical possession of the secured asset was handed
over to the petitioner, as per directions contained in the order
dated 7th August 2026.
2. We have kept this petition today for the learned AGP to
inform this Court that as to whether appropriate steps had been
taken with regard to the grievance raised by the Court
Commissioner.
3. The learned AGP, on instructions, informs this Court that
the concerned police officers had taken steps in the matter, at the
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905-wp-9614.26.doc
request made by the Court Commissioner, but on earlier dates,
physical possession could not be taken. It was further submitted
that after the order dated 7th August 2026 was passed, the police
officials provided adequate assistance to the Court Commissioner,
as a consequence of which, possession of the secured asset was
taken on 14th August 2026.
4. In the light of the statement made by the learned AGP, we
are satisfied that no further directions are necessary in this
petition. Accordingly, the petition is disposed of. Pending
applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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