High CourtsDivision Bench(2021) 12 BOM CK 0142

Ganesh Indian Industries Thr vs State Bank Of India

Bombay High Court · Decided on 27 December 2021

HON’BLE JUDGES
Revati Mohite Dere, J · Manish Pitale, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 2729 Of 2021 (Filing)

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Judgment

5 paragraphs · 185 words
1.

Heard learned Counsel appearing for the parties.

2.

By this Petition, the Petitioners have sought a direction restraining the Respondent no.1, its Officers, servants, agents from implementing the action of taking physical possession of the properties as spelt out in the notice dated 25.11.2021 bearing no. MAM/BAR/EXE-WAR/08/2021/6095 issued by the Mamlatdar of Bardez, Mapusa, in respect of the properties mentioned therein till the disposal of the Securitization Application Nos. 73 of 2021 and 121 of 2021 pending adjudication before the (Debt Recovery Tribunal) DRT-III at Mumbai. According to the learned Counsel, the Mamlatdar has scheduled the taking over of the properties today i.e. 27.12.2021.

3.

Mr. Arolkar, learned Additional Government Advocate appearing for the Respondent nos. 2 and 3, on instructions, states that the said notice will not be executed today i.e. 27.12.2021 and that a fresh notice will be issued to the Petitioners herein.

4.

In view of the statement made by the learned Additional Government Advocate appearing for the Respondent nos. 2 and 3, nothing survives for further consideration in the Petition.

5.

Accordingly, the Writ Petition stands disposed of as infructuous.