WPMS/3328/2022
2022 Latest Caselaw 4074 UK

              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                       COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
                order with
               Signatures
                               WPMS No. 3328 of 2022
                               Shri Sanjaya Kumar Mishra, J.

Shri Siddharath Singh and Shri Vipul Sharma, learned counsel for the petitioner.

Shri Siddaharath Sah, learned counsel for the respondent Bank.

Petitioner happens to be a bonafide purchaser from respondent no. 3. Respondent bank has already filed an FIR against respondent no. 3, which is registered as FIR No. 0304 of 2021 dated 05.12.2021 for the offence under Section 420, 406 IPC. We are aware of the judgment passed by Hon'ble Supreme Court in the case of State Bank of Travancore vs. Mathew K.C., (2018) 3 SCC 85 still we are inclined to entertain this writ petition, as it is apparent from the records that respondent Bank itself has filed a criminal complaint against the respondent no. 3. Hence, issue rule nisi.

Issue notice to respondent no. 3 by registered post acknowledgement due, returnable within four weeks.

Postal requisite be filed within seven days. Counter affidavit be filed within six weeks. Rejoinder affidavit be filed within two weeks. List on 21.03.2023.

In the interregnum, it is directed that auction shall go on but it shall not be finalized by the bank in favour of any third party. However, before auction the bidders should be intimated about the order passed by this Court today in the matter.

(Sanjaya Kumar Mishra, J.) 20.12.2022 (Grant urgent certified copy of this order, as per Rules) SKS