PNB Housing Finance Limited v. State of Maharashtra and Ors.

Bombay HC6 Oct 2025WP/17331/2024

Case brief

AI extract

What is this about?

PNB Housing Finance Ltd. v. State of Maharashtra; Bombay High Court writ petitions (W.P. No.17279 of 2024 and W.P. No.17331 of 2024) disposed on 6 October 2025; Tahasildar Karjat to re-take possession of secured assets from trespassing borrower within 15 days; original possession handed over to secured creditor under Section 14 SARFAESI order dated 8 September 2022; petitioner directed to pay police protection charges.

What did the court decide?

Both Writ Petitions disposed of in view of the statement that Respondent No.3 – Tahasildar – Karjat will take possession of the secured assets from the borrower within 15 days; the Petitioner to pay the police protection charges for the possession. ¶23-24

PNB Housing Finance Limited vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶23-24

Issue for consideration

Whether Respondent No.3 – Tahasildar – Karjat should take possession of the secured assets from the borrower (a re-possession following the borrower's trespass), and whether the Petitioner should bear the police protection charges for such possession.

¶16

Court's answer

The Court accepted the statement made on instructions by learned counsel for Respondent Nos.1 to 5 that Respondent No.3 – Tahasildar – Karjat will take possession of the secured assets from the borrower within 15 days from the date of the Order, the re-possession being necessitated by the borrower's trespass into the secured assets after possession had been handed over to the Petitioner – Secured Creditor pursuant to the Order dated 8th September, 2022 passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

¶20

Ratio / Principle

The Petitioner shall pay the police protection charges for taking possession of the secured assets by the Tahasildar – Karjat.

¶21-22

Detailed headnote1 paragraphs

Bombay High Court (R.I. Chagla and Farhan P. Dubash, JJ.) disposed of two writ petitions filed by PNB Housing Finance Ltd. against the State of Maharashtra and others. Learned counsel for Respondent Nos.1 to 5 stated on instructions that Respondent No.3 – Tahasildar – Karjat would take possession of the secured assets from the borrower within 15 days, the action being a re-possession since the borrower had trespassed into the secured assets after possession had been handed over to the Petitioner – Secured Creditor pursuant to the Order dated 8th September, 2022 passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court accepted the statement and directed the Petitioner to pay the police protection charges for taking possession.

PNB Housing Finance Limited v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

PNB Housing Finance Limited v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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