Tata Capital Housing Finance Ltd. v. State of Maharashtra and Ors.
SARFAESI – Section 14 – Possession restored by writ directions
Case brief
What is this about?
Bombay High Court writ petition (W.P. No. 16883 of 2025, decided 28.01.2026) by Tata Capital Housing Finance Ltd. against State of Maharashtra; restoration of possession of secured asset after same-day encroachment by borrowers following execution of Section 14 SARFAESI order of ACJM, Pune dated 19.03.2025; directions to Court Commissioner with police aid from Senior Police Inspector, Marketyard Police Station; FIR at Market Yard Police Station; no fresh proceedings required; deadline 02.02.2026; compliance listing 04.02.2026.
What did the court decide?
Directions issued to respondent No.2-Court Commissioner, with police aid from respondent No.3-Senior Police Inspector, Marketyard Police Station, Pune, to restore the petitioner's possession of the subject property on or before 02.02.2026, acting in execution of the ACJM, Pune order dated 19.03.2025 without fresh proceedings; petition listed on 04.02.2026 under the caption 'for compliance'.