Gopal Singh Hanot vs Uco Bank And Ors
2017 Latest Caselaw 2851 Del

$~9
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 5209/2017 & CM APPL.22161-22162/2017
        GOPAL SINGH HANOT                             ..... Petitioner
                 Through: Mr. R.S. Rathi with Ms. Kusum, Advocates.

                           versus

        UCO BANK & ORS                                      ..... Respondents
                Through:            Mr. Sarfaraz Khan, Mr. Ataur Rahman &
                                    Mr. Mohd. Khairul Hussain, Advocates for
                                    R-1.

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI
        HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
                     ORDER

% 31.05.2017

1. The petitioner has filed the present petition assailing the order dated 13.02.1017 passed by the DRAT-III in RC No. 281/2015 where under the objections filed by him in respect of the property mortgaged to the respondent/Bank were dismissed. Admittedly the petitioner has challenged the order dated 13.02.2017 before the learned DRAT by filing an appeal listed as Appeal No.215/2017, on which the notice was issued to the respondent/Bank on 29.05.2017, returnable on 07.06.2017.

2. In view of the fact that the petitioner has already filed an appeal against the impugned order dated 13.02.2017, there is no question of entertaining the present petition.

3. At this stage, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to assail the order dated

29.05.2017 passed by the DRAT, declining to grant any ex-parte relief, as per law.

4. Leave, as prayed for, is granted. The present petition is dismissed as withdrawn along with the pending applications.

HIMA KOHLI, J

SANGITA DHINGRA SEHGAL, J MAY 30, 2017 afa