Gaurav Garg vs Syndicate Bank And 2 Others
2023 Latest Caselaw 7380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 2196 of 2019
 

 
Petitioner :- Gaurav Garg
 
Respondent :- Syndicate Bank And 2 Others
 
Counsel for Petitioner :- Sheo Ram Singh,Aklank Kumar Jain,Arshad Ullah,Shashank Shekhar
 
Counsel for Respondent :- Brijesh Kumar Kesharwani
 

 
Hon'ble Pritinker Diwaker,Acting Chief Justice
 
Hon'ble Jayant Banerji,J.

Order on Civil Misc. Correction Application No.6 of 2019:

Heard Sri H N Singh, learned Senior Counsel, assisted by Sri Aklank Kumar Jain, learned counsel for the petitioner.

Though time was granted to Sri B K Kesarwani, learned counsel appearing for the respondent-Bank, to file reply to the correction application vide order dated 15.2.2023, no reply has been filed as yet and neither is counsel for the respondent-Bank present when the matter is called out.

The correction sought is in the fourth line of the penultimate paragraph of the judgment and order dated 13.3.2019, for substituting the phrase "entire outstanding dues" with the phrase "entire bid amount".

Evidently, the petitioner was the highest bidder in the auction proceeding held on 31.8.2018 by the respondent-Bank and it issued a sale confirmation letter dated 15.9.2019, requiring the petitioner to deposit remaining amount within 15 days. A copy of the sale confirmation letter has been filed as Annexure No.5 to the writ petition in which, it is reflected that the petitioner had remitted a sum of Rs.69,75,010/- and the balance amount of Rs.2,09,25,000/- was required to be deposited within 15 days.

Thus, in view of the facts evinced above, the correction application is allowed and the words "entire bid amount" shall stand substituted after deletion of the words "entire outstanding dues" appearing in the fourth line of the penultimate paragraph of the judgment and order dated 13.3.2019.

When duly applied, a copy of this order shall be issued along with the judgment and order dated 13.3.2019 passed in the aforesaid writ petition.

Remaining pending correction and modification applications stand disposed of.

Order Date :- 14.3.2023

RKK/-

(Jayant Banerji, J) (Pritinker Diwaker, ACJ)