Bombay High Court
Motilal Oswal Home Finance Ltd., Thr Its ... vs The State Of Maharashtra And Others on 11 August, 2025
Author: Manish Pitale
Bench: Manish Pitale
2025:BHC-AUG:21764-DB
(1) 26 wp 7744.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
26 WRIT PETITION NO. 7744 OF 2025
WITH WRIT PETITION NO. 7748 OF 2025
WITH WRIT PETITION NO. 7745 OF 2025
WITH WRIT PETITION NO. 7747 OF 2025
WITH WRIT PETITION NO. 7746 OF 2025
MOTILAL OSWAL HOME FINANCE LTD.,
THR ITS AUTHORISED OFFICERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
.....
Advocate for the Petitioner/s : Mr. Deshpande Shreyas Sanjeev,
Athrva Makrand Pathak, Naveen Arora
AGP for Respondents/State : Mr. S.P. Sonpawale
.....
CORAM : MANISH PITALE &
Y.G. KHOBRAGADE, JJ.
DATE : 11th August, 2025
P.C. :-
1. In these petitions the Petitioner is a Non-banking Financial
Company engaged in the business of providing loans.
2. The grievance of the Petitioner in these petitions is that after it
was constrained to take action against defaulting borrowers under the
provisions of Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (SARFAESI Act), orders were
(2) 26 wp 7744.25
passed under Section 14 thereof. The said orders were executed and the
Petitioner was put in possession of the subject properties in accordance
with law.
3. The grievance of the Petitioner is that subsequently the
borrowers illegally trespassed upon the said properties and dispossessed
the Petitioner. It is in this backdrop that the Petitioner is constrained to
move this Court in these writ petitions seeking a specific direction that it be
put in possession of the secured assets and for that purpose the
Respondent/Authorities should provide police protection.
4. Reliance is placed on judgments of this Court in the cases of
Nashik Merchant Co-operative Bank V/s. Ther District Collector Jalna and
Ors. (Order dated 28.02.2023 passed in Writ Petition No.10069/2022) and
Kotak Mahindra Bank Ltd. & Anr. V/s. State of Maharashtra & Anr. (Order
dated 30.06.2023 passed in Writ Petition No.6805/2023).
5. An important issue is noticed in these petitions. We are
satisfied that the Petitioner has taken sufficient steps for service on the
private Respondents. They have chosen not to appear before this Court.
(3) 26 wp 7744.25
6. In any case the documents and material placed on record show
that the borrowers have indulged in blatant illegality by trespassing upon
the lands which were secured in the possession of the Petitioner in
pursuance of orders passed under Section 14 of the SARFAESI Act. Rule of
law requires immediate directions to be issued to the Authorities, so as to
put the Petitioner back in possession on the strength of the said orders. We
are also of the opinion that the Respondent Nos.1 to 3 in these petitions
ought to take immediate steps to ensure that possession of the subject
properties is restored to the Petitioner.
7. In view of the above, all these petitions are allowed in terms of
prayer clauses-B in the respective petitions.
8. The Respondent Nos.1 to 3 are directed to take immediate
steps to provide police protection to the Petitioner to carry out the
directions given herein-above. The Petitioner undertakes to deposit
requisite charges for such police protection to be provided by the
concerned authorities.
9. The instant order be executed within two weeks from today.
[Y.G. KHOBRAGADE, J.] [MANISH PITALE, J.]
mub
