Uchhab Kanwar vs Oriental Bank Of Commerce
2021 Latest Caselaw 2949 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 17347/2019

Uchhab Kanwar W/o Bhopal Singh Shekhawat, Aged About 82
Years, R/o 112-C/a Shastri Nagar, Bhilwara (Raj.).
                                                                       ----Petitioner
                                      Versus
1.      Oriental Bank Of Commerce, Corporate Office At First
        Floor, Plot No. 5, Sector-32, Institutional Area, Gurugram,
        Haryana-122001, Through Its Managing Director And
        Chief Executive Officer.
2.      The      Branch    Manager,         Oriental     Bank     Of    Commerce,
        Siddharth Square, Near Dak Bunglow, Gandhi Nagar,
        Bhilwara (Raj.).
3.      The Authorized Officer, Oriental Bank Of Commerce,
        Siddharth Square, Near Dak Bunglow, Gandhi Nagar,
        Bhilwara (Raj.).
                                                                  ----Respondents


For Petitioner(s)          :        Mr. Lokesh Mathur
For Respondent(s)          :        Mr. Dhanesh Saraswat



                      JUSTICE DINESH MEHTA

                                    Judgment

03/02/2021


1.    In view of the subsequent development that the respondent-

Bank has not proceeded in furtherance of auction notice dated

18.10.2019,      perhaps       in    view    of    the     interim     order   dated

20.11.2019 passed by this Court, Mr. Lokesh Mathur, learned

counsel appearing for the petitioner, does not press the present

writ petition.




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                                                                            (2 of 2)                [CW-17347/2019]


                                   2.   He, however, seeks a liberty to file fresh writ petition, if the

                                   respondent-Bank proceeds to recover the amount from the

                                   petitioner or issues any fresh auction notice.

                                   3.   The writ petition is, therefore, dismissed as withdrawn with

                                   the liberty to the petitioner to challenge initiation of recovery

                                   proceedings or issuance of auction notice issued (if any) putting

                                   petitioner's property to distress.

                                   4.   Stay petition also stands dismissed accordingly.




                                                                                           (DINESH MEHTA),J.

157-Ramesh/-

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