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Bombay High CourtWP/301/2024allowed to be withdrawn

Tata Capital Financial Services Ltd. Thr. Its Legal Manager v. The State Of Maharashtra Thr. Gp And ORS

2024-02-28Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 301 OF 2024 LAXMI SUBHASH SONTAKKE Tata Capital Financial Services Ltd.

.. Petitioner LAXMI SUBHASH SONTAKKE Date: 2024.02.28 17:00:13 +0530

Versus

The State of Maharashtra & Ors.

.. Respondents Adv. Nikhil Mehta i/b. KMC Legal Venture for the Petitioner. Mr. A. I. Patel, Addl.GP. a/w Tanaya Goswami, AGP for Respondent No.1.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

FEBRUARY 28, 2024 P. C.

1.

The above Writ Petition is filed inter-alia seeking a direction to Respondent No.2 to take physical possession of the mortgaged property being Flat No.303, A Building, Venkatesh Serenity, Near DSK Vishwa, Dhayari, Pune 411041, in terms of the order dated 10th August, 2023 passed by the District Magistrate under Section 14 of the SARFAESI Act, 2002.

2.

The learned Counsel appearing for the Petitioner submitted that during the pendency of the above Petition, physical possession of FEBRUARY 28, 2024 Laxmi

3 wp 301-24.doc the mortgaged property has been taken and handed over to the authorized officer of the Petitioner. He, therefore, submitted that nothing survives in the above Petition and he may be granted leave to withdraw the same.

3.

In these circumstances, the above Writ Petition is dismissed as withdrawn. No order as to costs. 4.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.] FEBRUARY 28, 2024 Laxmi