Disposed¶16

Jm Financial Home Loans Limited through Its Authorized Officer v. the State of Maharashtra and Others

Bombay HC6 Mar 2026WP/1197/2026

Case brief

AI extract

What is this about?

SARFAESI Act Section 14; fresh application before learned Magistrate maintainable; restitution of possession of secured asset; borrowers in illegal possession of secured asset; JM Financial Home Loans Limited v. State of Maharashtra; reliance on Motilal Oswal Home Finance Limited Writ Petition No.71 of 2026 (06.01.2026); modalities for Magistrate deciding Section 14 applications; property at Gat No.246/1, Dabapimpri, Tq. Parola, Dist. Jalgaon; Aurangabad Bench; writ petition disposed.

What did the court decide?

No direct restitution of possession ordered; petitioner directed/permitted to pursue its application under Section 14 of the SARFAESI Act before the learned Magistrate in accordance with the judgment in Writ Petition No.71 of 2026. ¶16

Jm Financial Home Loans Limited through Its Authorized… — Banking and Recovery | Bombay HC (2026)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the petitioner, whose lawful possession of the secured asset has been displaced by the borrowers, can obtain restitution of possession through this writ petition, or must pursue a fresh application under Section 14 of the SARFAESI Act before the learned Magistrate in accordance with the Court's earlier decision in Writ Petition No.71 of 2026.

¶15

Court's answer

In view of the Court's earlier judgment in Motilal Oswal Home Finance Limited vs. The State of Maharashtra and others (Writ Petition No.71 of 2026, decided 06.01.2026) - which held that a fresh application under Section 14 of the SARFAESI Act is maintainable before the learned Magistrate and set out the modalities for deciding such applications - the present petition is disposed of, with the petitioner to pursue the said application before the Magistrate in accordance with that judgment.

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Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench) disposed of the writ petition of JM Financial Home Loans Limited, which sought directions to the State authorities for restitution of possession of its secured asset (property at Gat No.246/1, Dabapimpri, Tq. Parola, Dist. Jalgaon) from borrowers Nilesh Lotan Patil, Bhikubai Lotan Patil, Lotan Shivdas Kate and Amol Lotan Patil, who were in illegal possession of the asset despite the Bank having lawfully taken possession. Relying on its earlier decision in Motilal Oswal Home Finance Limited vs. The State of Maharashtra and others (Writ Petition No.71 of 2026, decided 06.01.2026), wherein it was held that a fresh application under Section 14 of the SARFAESI Act is maintainable before the learned Magistrate and directions were issued regarding the modalities for deciding such applications, the Division Bench (Vibha Kankanwadi and Hiten S. Venegavkar, JJ.) directed the petitioner to pursue the said application in accordance with that judgment.

Jm Financial Home Loans Limited through Its Authorized Officer v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Jm Financial Home Loans Limited through Its Authorized Officer v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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