Consmic Motors India Pvt. Ltd., Narsingpur, Gurgaon, Thr. Director, Pradeep D. Chhabra And ORS v. The Authorized Officer, Hero Fincorp Ltd., New Delhi And ORS

932-wp-381-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.381 of 2022 Cosmic Motors India Pvt. Ltd. and others ... Petitioner

Versus

The Authorized Officer, Hero Fincorp Ltd., and others ... Respondents Mr. Ashish Killedar, Advocate for Petitioner. Ms Kajal Bhatia and Mr. Rohit Masurkar, Advocates for Respondents.

CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 11 MARCH 2022 P.C.:

This Petition is filed directly in this Court challenging the action taken under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 since the Debts Recovery Tribunal was not functional. Since the Debts Recovery Tribunal is now functional, the learned Counsel for the Petitioner seeks leave to withdraw the Petition. 2.

The Petition is accordingly disposed of as withdrawn. 3.

We note that on 25 January 2022, an interim order was granted subject to deposit of R 15 Crores which was a conditional Lanjewar

932-wp-381-2022.odt order. The amount was not deposited. Further order was passed on 9 February 2022 clarifying that the Respondents would be at liberty to proceed further for enforcement of security interest as per law. This liberty is already granted by this Court. (ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) LANJEWAR 14:37 Lanjewar