Mahindra And Mahindra Financial Services Limited v. The State Of Maharashtra Thr The Office Oand Or

2025:BHC-AS:25232-DB 5.-wp-1545-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1545 OF 2025 Mahindra & Mahindra Financial Services Limited ... Petitioner

Versus

The State of Maharashtra and ors.

.... Respondents **** Adv. Priya Nigwekar a/w Adv. Pallavi Sangale i/b. Adv. Pallavi Chari, for the Petitioner.

Mr. A. I. Patel, Addl.G.P. a/w Ms. Rupali Shinde, AGP, for Respondent No.1-State.

Mr. Madhukar Shirke, PSI, Kharghar Police Station. **** CORAM :

M.S.KARNIK AND N.R.BORKAR, JJ.

DATE :

24th JUNE, 2025 P.C. :

1.

The petitioner prays for a direction to the Respondent No.2 - Mr. Viddesh Gondkar, Advocate Court Commissioner to forthwith remove trespassers from the secured assets of the petitioner which was in physical possession of the petitioner and to take further steps in handing over the vacant and peaceful possession of the secured assets being Flat No.201, 2nd Floor, Shiv Krupa Building, Plot No.E-68, Sector 3, Village Kharghar, Taluka Panvel, District Raigad to the authorised officer of the petitioner company in time bound manner.

PMB

5.-wp-1545-25.odt 2.

Learned AGP placed on record a copy of the communication dated 24th June 2025 addressed to him by the Senior Police Inspector that a complaint has been received about such trespassers. Accordingly, the Respondent No.2 has instructed to file FIR and further proceedings are pending. This Petition can be disposed of by directing the Respondent No.2 to take steps to hand over the possession of the secured assets to the petitioner. Further, the Senior Police Inspector, Kharghar Police Station to provide necessary police protection to the Respondent No.2 to take back the possession of the secured assets for handing it over to the petitioner. Learned AGP submits that on an application being made by the petitioner to the Respondent No.2 and the Senior Police Inspector of the Kharghar Police Station, necessary steps will be taken to hand over the possession to the petitioner within a period of three weeks from the date of the application. 3.

The Writ Petition is disposed of.

4.

List the matter on 29th July 2025 under the caption "for compliance".

(N.R.BORKAR, J.) (M.S.KARNIK, J.) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 25/06/2025 19:20:57 PMB