Tailcurrent Technologies Pvt. Ltd. v. M/S Indiabulls Housing Finance Pvt. Ltd

THE HON'BLE SRI JUSTICE SANJAY KUMAR and THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.20460 of 2014 ORDER: (per SK, J) This Writ Petition was filed by the tenants in occupation of the premises mortgaged to M/s.Indiabulls Housing Finance Private Limited, the first respondent herein. They challenged the action of the said company in taking physical possession of the said premises without notice to them. This divesting of possession of the petitioners took place as long back as on 16.06.2014.

No interim orders were granted in this Writ Petition. Sri Govardhan Venu, learned counsel representing M/s.Nomos Vistas, The Lawyers, appearing for the petitioners, fairly states that the first respondent company thereafter returned the possession of the movables belonging to the petitioners which were kept in the premises in question.

As damages are now being sought by the petitioners in relation to their alleged illegal dispossession, we are of the opinion that this Writ Petition does not deserve consideration on

SK, J & GSP, J WP.No.20460 of 2014 merits for a mere declaration as to the status of the action taken by the first respondent company.

The Writ Petition is accordingly dismissed on this short ground. This order shall however not preclude the petitioners from invoking appropriate remedies as are available to them in law with regard to the cause of action sought to be raised in this Writ Petition.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________ SANJAY KUMAR, J 14th JUNE, 2017.

___________________________ GUDISEVA SHYAM PRASAD, J kvni