Court No. - 38
Case :- WRIT - C No. - 28083 of 2018 Petitioner :- M/S Vijay Laxmi Motors And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabodh Kumar Bajpai Counsel for Respondent :- C.S.C.,Tarun Varma
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
Heard Sri Prabodh Kumar Bajpai, learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1, 2 and 3 and Sri Tarun Verma, learned counsel appearing for respondent no. 4.
By means of this writ petition, the petitioner has challenged a Recovery Certificate dated 9.8.2017 for a sum of Rs. 23,03,074 plus interest and other charges.
Sri Tarun Verma learned counsel appearing for the Bank submits that the Bank has decided to withdraw the Recovery Certificate and will proceed under the SERFAESI Act.
In view of the statement made by Sri Tarun Verma, learned counsel appearing for the Bank since the Recovery Certificate has been withdrawn, no cause of action survives.
The writ petition is accordingly dismissed.
Order Date :- 21.8.2018 KU (Rajiv Gupta,J.) (Abhinava Upadhya,J.)