*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26 WRIT PETITION NO.12749 OF 2026 India Shelter Finance Corporation Ltd VERSUS The State of Maharashtra Thr The Secretary And Others ….. Shri. Shivashish V. Bhopi, Advocate for the Petitioner Mrs. S. S. Joshi, AGP for the State. ….. CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 29th SEPTEMBER 2026 P. C. :- 1. Heard learned advocate for the Petitioner and learned AGP for State. 2. Petitioner is a Housing Finance Company, seeking possession of the secured assets in view of the order dated 22/01/2025 passed by the learned District Magistrate, Dhule under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘Act of 2002’). Petitioner had extended financial assistance to the borrower, namely, Mrs. Sunita Vijay Chaudhari, against security interest created over the immovable property. Since the borrower committed default in repayment of the loan, the Petitioner initiated recovery proceedings and issued a demand notice dated 10.07.2024 under Section 13(2) of the Act of 2002. As the dues remained unpaid, the Petitioner *2* approached the District Magistrate, Dhule under Section 14 of the Act of 2002 seeking assistance for taking physical possession of the secured asset. 3. Learned District Magistrate, Dhule, by order dated 22.01.2025, appointed the concerned Executive Magistrate-cum- Tahsildar, Dhule (Rural), directing him to take physical possession of the secured asset and hand it over to the Petitioner. 4. The grievance of the Petitioner is that, despite the aforesaid order passed by the District Magistrate, Dhule, physical possession of the secured asset has not yet been taken by the concerned authorities and handed over to the Petitioner. Hence, the direction is sought to the respondent authority to hand over the possession of the secured assets to the Petitioner. 5. In view of the decision rendered by this Court at Principal Seat in Writ Petition No.6805 of 2023 [Kotak Mahindra Bank Ltd. and Another Vs. State of Maharashtra and Others] on 30/06/2023, the petition will have to be allowed. Respondent No.3 i.e. Executive Magistrate-cum-Tahsildar Deopur is directed to take possession of the secured assets within a period of eight (8) weeks from today and hand over the same to the *3* 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 the possession of the secured assets and hand it over to the Petitioner. 6. The writ petition is disposed of in the above terms. 7. List the matter on 25/11/2026, for compliance. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) GGP