Tata Capital Financial Services Limited v. State Of Maharashtra Thr The Offie Of The Government And ORS

6.WP.2741.24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2741 OF 2024 Tata Capital Financial Services Ltd ..Petitioner

Versus

ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2024.04.22 15:26:53 +0530 The State of Maharashtra & Ors ..Respondents Mr.Nikhil Mehta i/b KMC Legal Venture, Advocates for the Petitioner.

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

CORAM

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

DATE : APRIL 22, 2024 P.C.

The above Writ Petition is filed inter alia to direct Respondent No.2 to take physical possession of the mortgaged property in terms of the order dated 6th May, 2022 passed under Section 14 of the SARFAESI Act, 2002. The learned counsel for the Petitioner submitted that before the order could be implemented, there is already a Section 95 Petition filed against the borrowers under the provisions of the Insolvency and Bankruptcy Code, 2016 (for short "the Code"). He therefore, submitted that in light of Section 96 of the said Code, the Petitioner cannot proceed with the present Petition. He, therefore, sought leave to withdraw the above APRIL 22, 2024 Aswale

6.WP.2741.24.DOC Writ Petition with liberty to approach this Court as and when the proceedings before the NCLT are disposed of. In these circumstances, the above Writ Petition is dismissed as withdrawn with liberty as prayed. 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