Ashay Arvindbhai Shah And ANR v. Aditya Birla Housing Finance Ltd. And ORS

JPP 11. IA 10509.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10509 OF 2025 IN WRIT PETITION NO. 4217 OF 2025 Ashay Arvindbhai Shah and Anr.

... Applicants

IN THE MATTER BETWEEN

Aditya Birla Housing Finance Ltd.

... Petitioner V/s.

State of Maharashtra and Ors.

... Respondents _______________________________________ Ms. Lavanita Chityala with Shreya Gupte i/b. Hedgehog and Fox LLP for the Petitioner Mr. Kunal Damle i/b. Bhavesh Magam for the Applicants in IA 10509/2025 Ms. Ashwini A. Purav, AGP for Respondent No.1,2 and 6 - State Mr. Shrikant Misal, Residential Naib Tahsildar, Pune City present _______________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 24th SEPTEMBER 2025 P.C. :

1.

The Interim Application has been placed today pursuant to the order dated 22nd September 2025. By the said order, the Tahsildar was directed to proceed with taking over the possession of the subject property on scheduled date and time i.e. on 23rd September 2025 at 9.00 a.m. The statements have been made by the learned Counsel for the Applicants/Respondent Nos. 3 and 4 that they will voluntarily hand over the 1/2

JPP 11. IA 10509.2025.doc possession of the subject property which have been recorded in the prior orders.

2.

Accordingly, the Tahsildar has taken over the possession of the subject property on the scheduled date and time and the learned AGP appearing for the Tahsildar has submitted the site report of the Tahsildar taking possession on 23rd September 2025. The Tahsildar is also present in the Court.

3.

Accordingly, the Interim Application has been worked out and is disposed of.

4.

The Debt Recovery Tribunal shall proceed with the Securitization Application filed by the Borrower. ( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) by JYOTI PRAKASH PAWAR Date: 2025.09.25 17:56:25 +0530 JYOTI PRAKASH PAWAR 2/2