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Bombay High CourtCP/275/2023disposed off

Pnb Housing Finance Limited v. State Of Maharashtra

2023-07-03Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye2 pages

3 cp 275-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 275 OF 2023 IN WRIT PETITION NO. 939 OF 2023 PNB Housing Finance Limited .. Petitioner

Versus

SNEHA NITIN CHAVAN State of Maharashtra and Ors.

.. Respondents Mr. M.A.Khan a/w Smit Shah i/b Smit Shah, Advocates for the Petitioner.

by SNEHA NITIN CHAVAN Date: 2023.07.04 15:41:54 +0530 Mrs. S.D.Vyas, 'B' Panel Counsel for Respondent/State.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : JULY 3, 2023 P. C.

1.

The above Contempt Petition was filed because despite an order passed under Section 14 of the SARFAESI Act by the District Magistrate, the said order (dated 20.05.2022) was not implemented and possession of the secured assets was not given to the Petitioner. On 26.06.2023, the learned AGP on instructions of the Naib Tahsildar, Pune (the concerned officer), stated that [possession as per the order passed under Section 14] would be taken on JULY 3, 2023 Sneha Chavan

3 cp 275-23.doc 30.06.2023 and the same would be handed over to the Petitioner (PNB Housing Finance Limited). In these circumstances, we have kept the matter today on board for compliance. 2.

Today when the matter is called out, we are informed that possession of the secured assets [as per the order passed under Section 14] has been taken by the Tahsildar and the same has been handed over to the Petitioner. All this was done on 30.06.2023 as per statement made before this Court on 26.06.2023. 3.

Considering that the order has been now complied with, nothing really survives in the above Contempt Petition and it is accordingly disposed of with no order as to costs. 4.

Personal Assistant of this Court. All concerned will act on production [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] JULY 3, 2023 Sneha Chavan