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High Court Of ChhattisgarhWPC/408/2018dismissed

Vinod Kumar Lalwani v. Union Bank Of India

2018-02-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 408 of 2018 Vinod Kumar Lalwani S/o Late Thwar Das Lalwani, Aged About 39 Years, R/o 14 Raipur Naka, Sindhi Colony, Durg, Tahsil Durg, Civil And Revenue District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Petitioner

Versus

1. Union Bank Of India Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ........(Applicant)

2. M/s. Ambika General Stores Through Proprietor .......(Defendant No. 1)

3. Mukesh Lalwani S/o Late Thwar Das Lalwani, Aged About 41 Years, R/o 14 Raipur Naka, Sindhi Colony, Durg, Tahsil Durg, Tahsil Durg, Civil And Revenue District Durg (C.G.).......(Defendant No. 3)

4. Rajesh Kumar Lalwani, S/o Late Thwar Das Lalwani, Aged About 45 Years, R/o 14 Raipur Naka, Sindhi Colony, Durg, Tahsil Durg, Civil And Revenue District Durg Chhattisgarh., District : Durg, Chhattisgarh

5. Naresh Kumar Lalwani, S/o S/o Late Thwar Das Lalwani, Aged About 43 Years, R/o 14 Raipur Naka, Sindhi Colony, Durg, Tahsil Durg, Civil And Revenue District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondents For Petitioner :

Mr. Dharmesh Shrivastava, Advocate.

For State :

Mr. R. N. Pusty, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/02/18 1.

By order dated 15.01.2018, the District Magistrate, Durg in a proceeding initiated under the SARFAESI Act, 2002 allowed the application filed by the applicant (respondent No.1 herein) under Order 22 Rule 4 of the CPC and allowed the legal heirs of deceased Shri Ashok Kumar Lalwani to be brought on record, being aggrieved against which this writ petition has been preferred by the petitioner.

2.

Learned counsel appearing on behalf of petitioner would submit that the impugned order is unsustainable and bad in law and is liable to be set aside.

3.

I have heard learned counsel for the petitioner and gone through the records with utmost circumspection.

4.

On careful perusal, I do not find any legal error in the order passed by the District Magistrate, Durg for bringing the Legal Heirs of the deceased on record.

5.

Accordingly, the writ petition deserves to be and is hereby dismissed. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka