Tata Capital Housing Finance Ltd. Thr. Its Legal Managaer v. Trunesh Arun Deolekar And ORS

25-ASWP-3028-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3028 OF 2024 Tata Capital Housing Finance Ltd

...Petitioner

Versus

Trunesh Arun Deolekar & Ors

...Respondents

Mr. Nikhil Mehta, i/b KMC Legal Venture, Advocates for the Petitioner.

Mr. A.I. Patel, Addl.GP, a/w P.N. Diwan, AGP, for RespondentState.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MAY 02, 2024 PC :

1.

Mentioned. Taken out of turn.

2.

The above Writ Petition is filed seeking a direction to Respondent No.3 to forthwith take physical possession of the mortgaged property in terms of the order dated 21st December, 2020, passed by the Addl. District Magistrate, Thane under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.05.02 18:10:43 +0530 Interest Act, 2002.

ASHWINI JANARDAN VALLAKATI MAY 02, 2024 Ashwini Vallakati

25-ASWP-3028-2024.doc 3.

The learned Counsel appearing on behalf of the Petitioner submitted that during the pendency of the above Writ Petition, physical possession of the mortgaged property has been taken and thereafter handed over to the Authorized Officer of the Petitioner. He, therefore, submitted that nothing survives in the above Writ Petition and sought leave to withdraw the same.

4.

In these circumstances, the above Writ Petition is disposed of as withdrawn. However, there shall be no order as to costs. 5.

Personal Assistant of this Court. All concerned will act on production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] MAY 02, 2024 Ashwini Vallakati