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2026 DAILYLAW 12471 (BOM)

JANA SMALL FINANCE BANK LTD THR ITS AUTHORIZED OFFICER MOHAMMED ABDUL KHALID MOHD. ABDUL RAHIM v. THE STATE OF MAHARASHTRA AND OTHERES

WP/12615/2026 · 2026-09-21

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Judgment text

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1 25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 25 WRIT PETITION NO. 12615 OF 2026 JANA SMALL FINANCE BANK LTD THROUGH ITS AUTHORIZED OFFICER MOHAMMED ABDUL KHALID MOHD. ABDUL RAHIM VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Choure Balsaheb S. AGP for Respondent/State : Mr. M.K. Goyanka … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 21.09.2026 PER COURT : . Heard learned advocate for the petitioner and learned AGP for State. 2. Petitioner is a financial institution, seeking re-possession of the secured assets in view of the order dated 28.03.2025 passed by the learned Chief Judicial Magistrate, Osmanabad under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which the borrowers namely Atul Mulik and Shital Atul Mulilk have illegally trespassed. The petitioner received physical possession of the secured assets on 09.06.2025 by putting lock and seal thereon. It is alleged that the borrowers have broken the lock of the secured assets and taken forcible illegal possession and trespassed the property. Hence, the direction is sought to the respondent/authority to hand over the possession of the secured assets 2026:BHC-AUG:43882-DB 2 25.doc back to the petitioner. 3. In view of the decision rendered by this Court at Principal Seat in Writ Petition No.6805/2023 [Kotak Mahindra Bank Ltd. and Another Vs. State of Maharashtra and Others) on 30/06/2023, the petition will have to be allowed. 4. Respondent No.3/Court Commissioner is directed to take possession of the secured assets within a period of eight weeks from today and hand over the same to the petitioner. Petitioner is willing to pay the necessary charges for police protection. The in-charge of the concerned police station to ensure that adequate police protection is provided to take back the possession of the secured assets and to hand it over to the petitioner. 5. The writ petition is disposed of in the above terms. 6. List the matter on 07.12.2026, for compliance. ( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. ) vsj..