Bafna Motors Pvt. Ltd. And ORS v. Tata Motors Finance Solutions Ltd

8.IA.7125.24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7125 OF 2024 IN WRIT PETITION NO. 11246 OF 2023 Bafna Motors (Mumbai) Pvt Ltd & Ors .Applicants/Petitioners

Versus

ANJALI TUSHAR ASWALE by ANJALI TUSHAR ASWALE Date: 2024.04.08 15:30:38 +0530 Tata Motors Finance Solutions Ltd ..Respondent Mr.Vivek Phadke, with Mr.Omkar Kanegaonkar, Shivanjali Mane, Tejas Girap, Advocates for the Applicants/Petitioners.

Mr.Omar Khaiyam Shaikh, with Mr.Vikas Salvi i/b Vikas Salvi & Associates, Advocates for the Respondent.

CORAM

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

DATE : APRIL 8, 2024 P.C.

The above Writ Petition, in terms of the consent minutes of order, was disposed of by order dated 8th September, 2023. The consent minutes of order inter alia recorded that the Petitioners have to pay certain sums to the 1st Respondent-NBFC, failing which possession of Flat No.22, Gobind Mahal, 86-B, Netaji Subhash Road, Marine Drive, Mumbai 400 002 (the "secured asset") would be handed over to the 1st Respondent-NBFC. APRIL 8, 2024 Aswale

8.IA.7125.24.DOC Admittedly, the amounts as contemplated under the consent minutes of order are not paid. Accordingly, the 1st Respondent-NBFC has proceeded to take physical possession of the said secured asset. This fact is also confirmed by the learned counsel appearing on behalf of the Petitioners. He, therefore, submitted that the above Interim Application filed for seeking extension of time to make payment as set out in the consent minutes of order does not survive. He, therefore, sought leave to withdraw the same. In these circumstances, the above Interim Application is dismissed as withdrawn.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 8, 2024 Aswale