Bombay High Court
Iifl Home Finance Ltd vs The State Of Maharashtra Throu. Govt ... on 16 March, 2026
Author: Manish Pitale
Bench: Manish Pitale
2026:BHC-AS:12690-DB
27_WP1134_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1134 OF 2026
IIFL Home Finance Limited ... Petitioner
Vs.
State of Maharashtra and others ... Respondents
Mr. Mangesh M. Deshmukh for Petitioner.
Mr. O. A. Chandurkar, Additional GP with Mr. A. A. Alaspurkar, AGP with Ms.G.
R. Raghuwanshi, AGP with Ms. Tanu N. Bhatia, AGP and Mr. M. M. Pable, AGP
for Respondents-State.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : MARCH 16, 2026 P.C. :
. The petitioner is a secured creditor and it is constrained to approach this Court in the light of the fact that an order passed by the concerned Magistrate as far back as on 04.12.2019 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Seuritisation Act) could not be executed till date. It is stated that although the respondent Nayab Tahsildar has fixed dates for taking physical possession, the directions could not be executed.
2. We are of the opinion that such orders passed by the Magistrates in the context of secured assets ought to be executed expeditiously, otherwise the object and purpose of the Securitisation Act would itself stand frustrated.
3. The State authorities are supposed to give appropriate help and MINAL by Digitally signed MINAL assistance to the secured creditor so that possession of the secured asset SANDIP Date:
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4. In view of the above, we direct the respondent Nayab Tahsildar, Taluka Palghar, District Palghar to fix the date for taking physical possession of the secured asset as 07.04.2026 and issue notices accordingly.
5. The Senior Inspector, Boisar Police Station, Taluka and District Palghar is directed to provide adequate police assistance, including lady constables to the said respondent Nayab Tahsildar for taking physical possession of the secured asset on the said date i.e. 07.04.2026.
6. The police team accompanying the respondent Nayab Tahsildar shall use reasonable and necessary force, if required, for taking physical possession of the secured asset.
7. In the event the direction given hereinabove is not complied with, the respondent Nayab Tahsildar, Taluka Palghar, District Palghar and the Senior Inspector, Boisar Police Station, Taluka and District Palghar shall remain personally present in this Court on the next date of hearing.
8. List for compliance on 10.04.2026.
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