Tata Capital Housing Finance Ltd Throu. Its Legal Manager Yogesh Gadodia v. Harshal Suresh Jadhav And ORS

8.WP.3017.24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3017 OF 2024 Tata Capital Housing Finance Ltd ..Petitioner

Versus

ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2024.04.22 15:27:44 +0530 Mr.Harshal Suresh Jadhav & Ors ..Respondents Mr.Nikhil Mehta i/b KMC Legal Venture, Advocates for the Petitioner.

Mr.A. I. Patel, Addl.G.P., with Ms.Dhruti Kapadia, AGP, for the Respondent/State.

CORAM

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

DATE : APRIL 22, 2024 P.C.

The above Writ Petition is filed seeking a direction to Respondent No.3 to take physical possession of the mortgaged property in terms of the order dated 22nd August, 2022 passed under Section 14 of the SARFAESI Act, 2002.

The learned counsel appearing on behalf of the Petitioner submitted that during the pendency of the above Writ Petition, the dues of the Petitioner have been duly settled by the borrowers, and therefore, there is no requirement now to implement the order passed under Section 14 of the SARFAESI APRIL 22, 2024 Aswale

8.WP.3017.24.DOC Act, 2002. He, therefore, sought leave to withdraw the above Writ Petition.

Considering the statement made on behalf of the learned counsel for the Petitioner, the above Writ Petition is dismissed as withdrawn. However, there shall be no order as to costs.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act order.

[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] APRIL 22, 2024 Aswale