Icici Home Finance Company Ltd And ANR v. The State Of Maharashtra Through District Magistrate And ORS

ICICI Home Finance Co. Vs. State 5.WP/4425/2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4425 OF 2025 ICICI Home Finance Co. Ltd & Anr.

... Petitioner V/s.

The State of Maharashtra (through District Magistrate) & Ors.

... Respondents _______________________________________ Mr. Nikhil Rajani a/w. Mr. Ajay Deshmane i/b. M/s. V. Deshpande & Co. for Petitioner.

Ms. Kavita N. Solunke, Addl. G.P. a/w. Mr. A.A. Alaspurkar, learned AGP for Respondent - State.

_______________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 17th DECEMBER 2025 P.C.:

1.

Mr. Rajani, learned Counsel appearing for the Petitioner has tendered Affidavit-of-Service bearing today's date which is taken on record. The Affidavit-of-Service shows that Respondent Nos. 1 to 7 have been served. Respondent Nos. 6 and 7 (borrowers) have been served on 13th December 2025 and the Postal Authorities vide their internet reports have confirmed delivery of the envelopes containing the said notice at given addresses of Respondent Nos. 6 and 7. Inspite of service, none appears for Respondent ------------------------------------- Order dated 17th December 2025

ICICI Home Finance Co. Vs. State 5.WP/4425/2025 Nos. 6 and 7 (borrowers).

2.

The learned Addl. G.P. appears for Respondent - State. 3.

We direct the learned Addl. G.P. of Respondent - State to take instructions as to when the Respondent - State will take physical possession of the Secured Asset from the trespassers i.e. Respondent Nos. 6 and 7 (borrowers).

4.

Considering that Respondent Nos. 6 and 7 (borrowers) have not made their appearance inspite of service, issue notice to Respondent Nos. 6 and 7, returnable on 24th December 2025.

5.

In addition to Court notice, the Advocates for the Petitioner shall serve notice of this order and listing of matter on the Respondent Nos. 6 and 7 (borrowers). An Affidavit-of-Service shall be filed by them prior to the next date.

6.

Stand over to 24th December 2025, to be shown on the Supplementary Board.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) Ajay Jadhav 5.WP/4425/2025 by JYOTI PRAKASH PAWAR Date:

2025.12.17 20:49:23 +0530 JYOTI PRAKASH PAWAR ------------------------------------- Order dated 17th December 2025