Tata Capital Housing Finance Limited Thr. Its Legal Manager v. The State Of Maharashtra Thr. G.P And ANR

Tata Cap. Hsg. Finance Ltd. Vs. State.

10.WP/11799/2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11799 OF 2025 Tata Capital Housing Finance Limited ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Nikhil Mehta i/b. KMC Legal Venture for Petitioner. Mr. A.A. Alaspurkar, learned AGP for State.

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

DATE : 3rd DECEMBER 2025 ORDER :

1.

By this Writ Petition, the Petitioner has sought directions to Respondent Nos. 2 and 3 to take re-possession of the mortgaged property by removing Respondent Nos. 4 and 5 who are trespassers who have trespassed in the mortgaged property of which possession had been taken by Respondent Nos. 2 and 3. The re-possession is required to be taken by Respondent Nos. 2 and 3 by breaking open the locks on the door of mortgaged property and also by removing any third party in occupation of the mortgaged property including Respondent Nos. 4 and 5. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Order dated 3rd December

Tata Cap. Hsg. Finance Ltd. Vs. State.

10.WP/11799/2025 2.

The learned AGP appearing for Respondent Nos. 2 and 3 states on instructions that the Respondent Nos. 2 and 3 will take re-possession of the mortgaged property by removing any third party including Respondent Nos. 4 and 5 herein with the police assistance on or before 7th January, 2026. The statement is accepted.

3.

In view of the above statement the Writ Petition is disposed of. [FARHAN P. DUBASH, J.] [R.I. CHAGLA, J.] Ajay Jadhav WP/11799/2025 by JYOTI PRAKASH PAWAR Date:

2025.12.04 15:56:59 +0530 JYOTI PRAKASH PAWAR --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Order dated 3rd December