WPMS/1411/2019
2021 Latest Caselaw 4755 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 25th DAY OF NOVEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 1411 of 2019
BETWEEN:
Smt. Shweta Goel                                            ...Petitioner
      (By Mr. Bharat Tewari, Advocate for the petitioner)

AND:

Punjab National Bank,
Circle Officer and another                              ...Respondents
      (By Mr. V.K. Kohli, Senior Advocate assisted by Mr. I.P. Kohli,
      Advocate)

      JUDGMENT

Petitioner purchased a secured asset from Punjab National Bank, in a public auction, held by invoking provisions contained in SARFAESI Act, 2002

2. By means of this writ petition, petitioner has sought the following relief:-

"1. Issue a writ order or direction in the nature of mandamus directing the respondent no.1 and 2 bank to immediately hand over the vacant physical possession of the property in question in pursuance of the sale deed dated 16-02-2018 executed by respondent bank in favour of the petitioner under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002."

3. Today, learned counsel for the petitioner made a statement at the bar that subsequent to filing of this writ petition, possession of the property in question was handed-over to the petitioner.

Similar statement has been made by Mr V.K. Kohli, Senior Advocate appearing for the respondent-Bank.

4. In view of consensus between counsel for the parties that possession of the purchased property has been handed-over to the petitioner, the relief as claimed in the writ petition does not survive.

5. Accordingly, the writ petition is dismissed as infructuous.

(MANOJ KUMAR TIWARI, J.) Shubham