PROFECTUS CAPITAL PRIVATE LIMITED VM LEGAL vs ASMA DHABA — HCBM20135852026

Case under C.p.c.- (Interlocutory Order) Section 151. Disposed: DISPOSED OFF on 10th June 2026.

Case disposed

CNR: HCBM020135852026

e-Filing Number

16-04-2026

Filing Number

IA/13584/2026

Filing Date

17-Apr-2026

Judge

Hon'ble Shri Justice Amit Borkar

Coram

Hon'ble Shri Justice Amit Borkar

Bench Type

Single

Judicial Branch

Original

Decision Date

10-Jun-2026

Nature of Disposal

DISPOSED OFF

Last updated 17-Jun-2026

Acts & Sections

C.p.c.- (Interlocutory Order) Section 151

Petitioner(s)

  1. 1.PROFECTUS CAPITAL PRIVATE LIMITED VM LEGAL

Respondent(s)

  1. 1.ASMA DHABA

  2. 2.ASMA HOTEL

  3. 3.ILIYAS LASKAR

  4. 4.TANUJA KHATUN

  5. 5.SAHABUDDIN LASKAR

Case History

  1. Case disposedDisposed

  2. 15-Jun-2026

    Hon'ble Shri Justice Amit BorkarView PDF

  3. 10-Jun-2026

    Hon'ble Shri Justice Amit BorkarView PDF

  4. 10-Jun-2026

    Hon'ble Shri Justice Amit BorkarView PDF

    The Bombay High Court allowed Profectus Capital's interim application to obtain possession of mortgaged property from the Court Receiver so it could exercise its statutory rights as a secured creditor under the SARFAESI Act, 2002. The court found that although an arbitrator had been appointed, the exceptional circumstances—where the property was held by a court officer and the borrower had repeatedly defaulted on undertakings—justified the court retaining jurisdiction to direct possession transfer. The applicant must comply with all SARFAESI Act provisions and execute a possession receipt acknowledging the Court Receiver's inventory before taking control. This case analysis is maintained by casestatus.in based on publicly available court records.

  5. 10-Jun-2026

    For Circulation

    Hon'ble Shri Justice Amit Borkar

  6. 17-Apr-2026

    Case filed

casestatus.in Summary

The Bombay High Court allowed Profectus Capital's interim application to obtain possession of mortgaged property from the Court Receiver so it could exercise its statutory rights as a secured creditor under the SARFAESI Act, 2002. The court found that although an arbitrator had been appointed, the exceptional circumstances—where the property was held by a court officer and the borrower had repeatedly defaulted on undertakings—justified the court retaining jurisdiction to direct possession transfer. The applicant must comply with all SARFAESI Act provisions and execute a possession receipt acknowledging the Court Receiver's inventory before taking control. This case analysis is maintained by casestatus.in based on publicly available court records.

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