Bombay High Court
Iifl Home Finance Ltd vs The State Of Maharashtra Thru G P And Ors on 12 March, 2026
Author: Manish Pitale
Bench: Manish Pitale
20-wp-3068-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3068 OF 2026
IIFL Home Finance Ltd .. Petitioners
V/s.
The State Of Maharashtra Thru G P .. Respondents
And Ors
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Mr. Priyanka Fadia i/by Shashank Fadia, for the Petitioners.
Ms. Pooja Patil, AGP, for the Respondent / State.
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CORAM : MANISH PITALE &
Digitally
signed by
VARSHA
VARSHA DEEPAK
SHREERAM V. SHIRSAT, JJ.
DEEPAK GAIKWAD GAIKWAD Date:
2026.03.13 10:17:59 DATE : 12th MARCH 2026. +0530 PC:
1. The Petitioner (secured creditor) has raised a grievance that Respondent No.3-Tahsildar has not taken appropriate action for fixing a date for taking physical possession of the secured asset in pursuance of the order dated 28/02/2025 passed by the Competent Magistrate under Section 14 of the Securitisation And Reconstruction Of Financial Assets and Enforcement of Security Interest Act, 2002.
2. Learned AGP has taken instructions in the matter and a copy of the notice dated 15/05/2026 issued by Respondent No.3-Tahsildar is tendered, which shows that the notices have been directed to hand over the physical possession of the secured asset within 15 days and a report to that effect is called out for by Respondent No.3 from the varsha 1 of 2 ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 22:33:14 ::: 20-wp-3068-2026.doc concerned police officials, to be submitted on or before 30/03/2026.
3. The grievance of the Petitioner can be satisfied by directing that the physical possession will be taken on a specific date.
4. Accordingly, we direct that Respondent No.3 -Tahsildar shall ensure that physical possession of the secured asset is handed over to the Petitioner on 30/03/2026, for which purpose the Senior Police Inspector of Police Station, Old Mahatma Phule Police Station shall provide adequate police assistance, including lady constables being made available.
5. We direct the Tahsildar with assistance of the police to use reasonable and necessary force for taking physical possession, in the event there is any obstruction in the matter.
6. List the Petition for compliance on 2nd April 2026.
7. Needless to say that the costs for undertaking the aforesaid exercise shall be borne by the Petitioner.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) varsha 2 of 2 ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 22:33:14 :::