Gic Housing Finance Ltd. v. State Of Maharashtra And ORS

6 WP-13028-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13028 OF 2023 GIC Housing Finance Ltd.

...Petitioner

Versus

State Of Maharashtra And Ors.

...Respondents

Mr. Dimple Tejani i/b. Sanjay Anabhawane, Advocate for Petitioner.

by HUSENBASHA RAHAMAN NADAF Date: 2023.11.06 13:22:35 +0530 HUSENBASHA RAHAMAN NADAF Ms. N.M. Mehra, AGP, for Respondent Nos. 1 & 3/State.

CORAM

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

DATE : NOVEMBER 4, 2023 P. C.

1.

The above petition is filed inter alia to direct the Respondents to expedite execution of the order dated 16/12/2019 passed u/s. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the "SARFAESI Act, 2002"). By the said order, physical possession of the secured asset, namely, Flat No. B-304 / B Wing, in the building known as "KANCHANGANGA", 3rd Floor, Plot No. 5-6-7-8, Garibacha Wada, Village - Thakurli, Dombivali (West), Taluka Kalyan, District Thane - 421202 was to be taken.

NOVEMBER 4, 2023 Husen

6 WP-13028-2023.doc 2.

The learned counsel appearing on behalf of the Petitioner has informed us that during the pendency of this petition, the said order u/s.14 of the SARFAESI Act, 2002 has now been duly executed and physical possession of the said secured asset has been handed over to the authorised officer of the Petitioner. She, therefore, seeks leave to withdraw the above writ petition.

3.

In these circumstances, the above writ petition is dismissed as withdrawn. There shall be no order as to costs. 4.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] NOVEMBER 4, 2023 Husen