Writ petition seeking direction to authorities to take physical possession of a mortgaged property under a Section 14 SARFAESI order. Possession was implemented during pendency; petition dismissed as withdrawn.
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7.WP.2782.24.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2782 OF 2024
Tata Capital Housing Finance Ltd ..Petitioner
Versus
ANJALITUSHAR Digitally signed byANJALI TUSHARASWALEDate: 2024.04.22 ASWALE 15:27:03 +0530
Mr.Manoj Kumar Bhagwan Mishra & 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 Respondent/State.
CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : APRIL 22, 2024
P.C.
The above Writ Petition has been filed inter alia to
direct Respondent No.3 to take physical possession of the mortgaged property in terms of the order dated 28th August, 2023 passed under Section 14 of the SARFAESI Act, 2002.
2 The learned counsel appearing on behalf of the Petitioner submitted that during the pendency of the above Petition, the order passed under Section 14 of the SARFAESI Act, 2002 has been implemented and physical possession of the secured asset has been handed over to the Authorized Officer of
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7.WP.2782.24.DOC
the Petitioner. He, therefore, submitted that nothing would survive in the above Writ Petition, and the same be permitted to be withdrawn.
3 Considering the statement made on behalf of the Petitioner, the above Writ Petition is dismissed as withdrawn. No order as to costs.
4 This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
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1 provisions across 1 enactments
Tata Capital Housing Finance Ltd
Anjali Tushar Aswale
Manoj Kumar Bhagwan Mishra & Ors
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
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