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2026 DAILYLAW 18752 (BOM)

INDIA SHELTER FINANCE CORPORATION LTD v. THE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

WP/13499/2026 · 2026-10-08

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Judgment text

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1 37.WP.13499.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 13499 OF 2026 INDIA SHELTER FINANCE CORPORATION LTD VERSUS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ... Advocate for the Petitioner : Mr. Shivashish V. Bhopi AGP for Respondents: Mr. N.D. Batule ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 08.10.2026 PER COURT: 1. Heard learned advocate for the petitioner and learned AGP for State. 2. Petitioner is a Housing Finance Company, seeking repossession of the secured assets in view of the order dated 30/03/2026 passed by learned District Magistrate, Ahmednagar, under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which the borrowers namely Archana Fargade and Mr. Manohar Fargade have illegally trespassed. Hence, the direction is sought to the respondents authorities to take the physical possession of the property as mentioned in order and to handover the 2026:BHC-AUG:48243-DB 2 37.WP.13499.26.odt same 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. Respondent No.3 Tahsildar, Ahmednagar 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. 4. The writ petition is disposed of in the above terms. 5. List the matter on 03/12/2026, for compliance. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/