Court No. - 3
Case :- WRIT - C No. - 5975 of 2021 Petitioner :- Munkad Ali Respondent :- Authorized Officer Allahabad Bank And Another Counsel for Petitioner :- Arshad Ullah Counsel for Respondent :- Habib Ahmad Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Shri Arshad Ullah, learned counsel for the petitioner and Shri Habib Ahmad, learned counsel for the respondents.
Present writ petition has been filed seeking following reliefs:-
"A. Issue a writ, order or direction in the nature of Certiorari and to quash the auction publication dated 21.1.2021 (Annexure No. 7), which is going to be held on 21.1.2021.
B. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent bank to accept the money from the petitioner into easy installment.
C. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent bank to decide the OTS of the petitioner."
At the outset, learned counsel for the petitioner informs that the auction proceedings could not be concluded pursuant to the notice dated 21.01.2021, therefore, the prayer in that regard has become infructuous.
Learned counsel for the petitioner then submits that the petitioner may be permitted to avail One Time Settlement facility. In this regard, he has relied on an earlier order dated 15.11.2019 passed in Writ C No. 36862 of 2019 (Munkad Ali vs. Authorized Officer Allahabad Bank and Another). That petition was disposed of allowing the petitioner an opportunity to submit an application under OTS scheme.
Shri Habib Ahmad, learned counsel for the respondent- bank further states that an application, moved by the petitioner under the OTS scheme, was rejected vide order dated 3.12.2019 and the same was duly communicated and served upon the petitioner through registered post.
Learned counsel for the petitioner contends that the order dated 3.12.2019 was not supplied to the petitioner.
In case, the petitioner needs another copy of the same, learned counsel for the petitioner may obtain it from Shri Habib Ahmad, by Monday.
Insofar as the last prayer for grant of easy installment is concerned, in absence of an undertaking of the petitioner to pay the due amount as on date, we are not inclined to entertain the present petition.
Writ petition is, accordingly, dismissed.
Order Date :- 13.8.2021 Saurabh