Court No. - 32
Case :- WRIT - C No. - 6507 of 2018 Petitioner :- Shiv Kumar Dey And Another Respondent :- Debts Recovery Tribunal And 2 Others Counsel for Petitioner :- Nitin Chandra Mishra,Manjeet Mishra Counsel for Respondent :- Manish Trivedi,Rajesh Kumar Srivastava
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard learned counsel for the parties and perused the record.
The present writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the proceedings of auction in pursuance of the advertisement dated 20th January, 2018 published in daily newspaper "Business Standard" New Delhi by which authority concerned fixed date i.e. 27.2.2018 for the auction of the Plot No.5, Tehsil Navada Sekhan, Rajeev Nagar, Tulsi Nagar, Sahkari Awas Samiti, Pilibhit Byepass, Pargana and Tehsil Bareilly, which belongs to the petitioners with further prayer to direct the respondent no.1 to decide the S.A. No.657 of 2015 pending before the respondent no.1.
Learned counsel for the petitioners submitted that admittedly loan was taken by the petitioners, which could not be paid, thereafter, proceeding for recovery of the same was initiated by the respondent bank. When the proceeding was initiated W.P. No.53738 of 2017 was filed by the petitioners, which was dismissed vide order dated 14.11.2017.
Considered the submissions. In view of the fact, present writ petition is not maintainable since with regard to the same recovery proceeding, in which date for auction was fixed, present writ petition has been filed. Apart from that even the proceeding is pending before the Debt Recovery Tribunal at Lucknow. No such direction is required, however, respondent no.1 is expected to consider and decide the S.A. No.657 of 2015, expeditiously in accordance with law.
Accordingly, present writ petition is dismissed.
Order Date :- 27.2.2018 Pramod