1 wp13492.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.13492 OF 2010 Jadhav Sanjay Tukaram .. Petitioner vs Housing Development Finance Corporation Limited & ors .. Respondents Mr.Dibyojyoti Banerji with Ms.Supana Rachure i.b T.N.Tripathi & Co for Petitioner. Ms.Jyoti Ghag i.b Thakar Jariwala for Respondent no.1 CORAM : D.D.SINHA & MRS MRIDULA BHATKAR, JJ DATE : 24 th June, 2010. P.C. 1. Heard learned counsel for the petitioner and learned counsel for respondents. 2. The Writ petition is directed against the order dated 29th June,2009 passed by the District Magistrate under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement Assets and Enforcement of Security Interest Act, 2002 and granted assistance to the respondent-bank for taking over the secured assets. Counsel for the petitioner states that the petitioner is ready and willing to hand over possession of the secured assets to the respondent-bank on Monday i.e. on 28th June, 2010 and also stated that no impediment would be created in this regard in future. It is submitted that if the respondent-bank takes possession under 2 wp13492.sxw section 13 (4) of the Securitisation Act, then the remedy under section 17 of the said Act would be available to the petitioner. 3. Learned counsel for the bank states that if the petitioner is ready and willing to hand over possession of the secured assets to the respondent- bank on Monday i.e. 28th June,2010 the bank is ready to take possession of the secured assets on Monday 28th June, 2010. It is further submitted that the possession of the secured assets would be taken under section 13 (4) of the Securitisation Act. 4. In the backdrop of the above referred fact, it is evident that the petitioner is ready and willing to hand over possession of the secured assets to the respondent-bank who is also ready and willing to take the same on Monday i.e.28th June,2010 under section 13 (4) of the Act. In the circumstances, grievance of the petitioner no more survives. Writ petition disposed of accordingly. The petitioner to remove office objections in respect of deficit court fees within one week. D.D.SINHA, J MRS MRIDULA BHATKAR, J