Tata Capital Housing Finance Limited Through Its Authorized Officer v. The State Of Maharashtra Through The District Magistrate And Others

2026:BHC-AUG:10033-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO.2380 OF 2026 TATA CAPITAL HOUSING FINANCE LIMITED THR. ITS AUTHORIZED OFFICER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.W. Munde, Advocate for petitioner Mr. S.K. Tambe, AGP for respondent Nos.1 to 4 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

06th MARCH, 2026 ORDER :

.

Present petition has been filed seeking directions to respondent authorities to restore the possession of secured asset i.e. Flat No.2 attached and taken into possession as per the order passed by learned District Magistrate, Chhatrapati Sambhajinagar in Securitization Application No.343/2023 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

931_WP_2380_2026 Heard learned Advocate for petitioner. Learned AGP waives service of notice for respondent Nos.1 to 4.

In respect of possession of secured asset, which has been lawfully taken by the Bank, this Court has already considered the issue in Motilal Oswal Home Finance Limited vs. The State of Maharashtra and others in Writ Petition No.71 of 2026 on 06.01.2026, wherein it was held that a fresh application under Section 14 of the SARFAESI Act is maintainable before the learned Magistrate. The Court also issued directions setting out the modalities regarding how such applications are to be decided by the Magistrate.

In view of the said judgment, we dispose of the present petition to pursue the said application in accordance with the judgment mentioned above.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd