Motilan Oswal Home Finance Wins Asset Possession

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

Order Date: 21st August 2026

Case Overview

• Petitioner: Motilal Oswal Home Finance Ltd (formerly Aspire Home Finance Corp. Ltd)
• Respondent: State of Maharashtra, represented by the Chief Judicial Magistrate
• Counsel for Petitioner: Mr. Chaitanya Deshpande (VC) appearing by Navin Arora
• Counsel for Respondent: Ms. Tanu Bhatia, Assistant Government Pleader (AGP)
• Judges: Hon’ble Justices Manish Pitale & Shreeram V. Shirsat
• Background: The petitioner, a secured creditor, filed Writ Petition No. 9260 of 2026 seeking enforcement of its security rights. An earlier order dated 7 August 2026 directed that physical possession of the secured asset be handed over to the petitioner.
• Developments:

1. Petitioner’s counsel reported that the directions of the 7 Aug 2026 order have been fully complied with and possession of the secured asset has been transferred to the petitioner.

2. The Assistant Government Pleader informed the Court that, based on written complaints from the petitioner, an FIR has been registered against the alleged trespassers and a charge‑sheet has been filed to date.

Final Outcome

• The Court, satisfied that the petitioner’s relief has been effected and that criminal proceedings are underway, disposes of the writ petition.
• All pending applications, if any, are also ordered to stand disposed.

Topics: Secured Creditor Enforcement, Asset Possession, Criminal Proceedings against Trespassers