Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

Order Date: 21st August 2026

Case Overview

  • Parties: Motilal Oswal Home Finance Ltd. (formerly Aspire Home Finance Corp. Ltd.) as petitioner; State of Maharashtra (Chief Judicial Magistrate) as respondent.
  • Nature of Proceeding: Writ petition seeking enforcement of earlier court directions concerning trespass and encroachment on secured assets and urging police action.
  • Background: The court’s earlier order dated 07/08/2026 directed the petitioner, a secured creditor, to take possession of the secured asset. The petitioner complied and took possession. The petitioner also complained that the local police, instead of registering an FIR for alleged trespass, sent repeated “Samaj Patra” notices to the petitioner’s authorized officer from November 2025 to April 2026.
  • Legal Reference: The court referred to the Supreme Court’s Constitution Bench judgment in Lalita Kumari v. Government of Uttar Pradesh & Ors (2024) 2 SCC 1, which mandates FIR registration when a cognizable offence is disclosed in a written complaint.
  • Observations: The court found the police’s practice of merely issuing notices without filing an FIR to be contrary to established law, despite written complaints indicating sufficient material for offence registration.

Directions

  • The court directed the respondent police machinery to take necessary steps to register an FIR concerning the trespass and encroachment on the secured assets, as per the written complaints submitted by the petitioner.

Final Outcome

  • With the above directive, the writ petition was disposed of by the High Court.

Topics: Legal Enforcement, Secured Creditors