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

18_WP13729_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13729 OF 2025 ICICI Home Finance Company Limited and another... Petitioners Vs.

State of Maharashtra and others ...

Respondents Mr. Nikhil Rajani i/b. V. Deshpande and Company for Petitioners. Mr. A. A. Alaspurkar, AGP for Respondents-State. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE : FEBRUARY 16, 2026 P.C. :

.

The petitioners have approached this Court, seeking specific direction against the respondent authorities to ensure that order dated 31.01.2025 passed by the respondent No.1 - Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act) is implemented and executed at the earliest.

2.

We find from the record that at least on two occasions, the respondent No.2 - Tahsildar had fixed dates for taking physical possession of the subject property, which is the secured asset of the petitioner No.1 i.e. the secured creditor, to be handed over to the petitioner No.1 in terms of the order passed by the Magistrate. But, on both the occasions, the actual physical possession of the subject property could not be taken, to be handed over to the petitioners. 3.

We find that a number of such petitions are filed in this Court for implementation and execution of the orders passed by the Magistrate MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:

2026.02.16 17:27:10 +0530 under Section 14 of the Securitisation Act. It is a challenge to the rule of 1/2

18_WP13729_25.doc law if such orders are not executed promptly. 4.

Hence, we are inclined to allow this petition by issuing appropriate directions to the respondent - State authorities. 5.

In view of the above, writ petition is disposed of by directing the respondent No.2 to fix a fresh date for executing the order dated 31.01.2025, passed by the respondent No.1 - Magistrate. 6.

Upon fixing the date, the respondent No.2 - Tahsildar shall approach the respondent No.4 i.e. the Senior Inspector attached to Pimpri - Chinchwad Police Station for providing appropriate police force and police assistance for execution of the order. The respondent No.4 shall provide such police assistance for execution of the order. 7.

The order shall be duly executed so that the petitioners are put in physical possession of the subject property. The entire exercise shall, in any case, be carried out within four weeks from today. 8.

List the writ petition for compliance on 25.03.2026 under the caption 'for compliance'.

9.

Pending applications, if any, stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Minal Parab 2/2