MOTILAL OSWAL HOME FINANCE LIMITED THORUGH ITS AUTHORISED OFFICER vs THE STATE OF MAHARASHTRA AND OTHERS — WP/3377/2026

Case under Constitution of India Section 226 AND 227. Disposed: Contested--DISPOSED OFF on 17th April 2026.

Case disposed

CNR: HCBM030432892025

Filing Number

WP/32155/2025

Filing Date

17-Oct-2025

Registration No

WP/3377/2026

Registration Date

30-Mar-2026

Judge

Hon'ble Smt. Justice Vibha Kankanwadi , Hon'ble Shri Justice Neeraj P. Dhote

Coram

Hon'ble Smt. Justice Vibha Kankanwadi , Hon'ble Shri Justice Neeraj P. Dhote

Bench Type

Division

Judicial Branch

Civil

Decision Date

17-Apr-2026

Nature of Disposal

Contested--DISPOSED OFF

Last updated 28-May-2026

Acts & Sections

Constitution of India Section 226 AND 227
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002

Petitioner(s)

  1. 1.MOTILAL OSWAL HOME FINANCE LIMITED THORUGH ITS AUTHORISED OFFICER

    Adv. DESHPANDE SHREYAS SANJEEV

Respondent(s)

  1. 1.THE STATE OF MAHARASHTRA AND OTHERS

  2. 2.SUPERINTENDENT OF POLICE AHMEDNAGAR

  3. 3.STATION HOUSE OFFICER RAHURI POLICE STATION

Case History

  1. Case disposedDisposed

  2. 17-Apr-2026

    Hon'ble Smt. Justice Vibha Kankanwadi,hon'ble Shri Justice Neeraj P. DhoteView PDF

    Case Summary: WP/3377/2026 The High Court of Bombay (Aurangabad Bench) held that borrowers who forcibly re-enter secured assets after lawful possession has been taken by a financial institution under SARFAESI Act constitute illegal conduct that cannot be countenanced. The court directed the petitioner to file an application before the Tahsildar for restoration of possession, which shall be treated as consequential/ancillary enforcement of the original possession order rather than a fresh application, and mandated police registration of criminal offences for breaking seals and trespass. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 17-Apr-2026

    Petitions For Admission - Fresh CIVIL Side Matters

    Hon'ble Smt. Justice Vibha Kankanwadi , Hon'ble Shri Justice Hiten S. Venegavkar

  4. 01-Apr-2026

    Petitions For Admission - Fresh CIVIL Side Matters

    Hon'ble Smt. Justice Vibha Kankanwadi , Hon'ble Shri Justice Hiten S. Venegavkar

  5. 19-Jan-2026

    Objections Not Removed (Third Time)

    Shri Pradeep B. Ghuge (Registrar Judl.)

  6. 05-Jan-2026

    Shri Pradeep B. Ghuge (Registrar Judl.)View PDF

  7. 05-Jan-2026

    Objections Not Removed (Second Time)

    Shri Vimalnath S. Tiwari (I/c Registrar Judl.)

  8. 22-Dec-2025

    Objections Not Removed (First Time)

    Shri Pradeep B. Ghuge (Registrar Judl.)

  9. 15-Dec-2025

    First hearing

    Initial hearing scheduled

  10. 17-Oct-2025

    Case filed

    Registration No. WP/3377/2026

casestatus.in Summary

Case Summary: WP/3377/2026 The High Court of Bombay (Aurangabad Bench) held that borrowers who forcibly re-enter secured assets after lawful possession has been taken by a financial institution under SARFAESI Act constitute illegal conduct that cannot be countenanced. The court directed the petitioner to file an application before the Tahsildar for restoration of possession, which shall be treated as consequential/ancillary enforcement of the original possession order rather than a fresh application, and mandated police registration of criminal offences for breaking seals and trespass. This case analysis is maintained by casestatus.in based on publicly available court records.

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