Krishan Dhingra v. Indian Overseas Bank & ORS

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1970/2017 KRISHAN DHINGRA ..... Petitioner Through :

Mr.Sanjeev Bhandari, Advocate.

versus INDIAN OVERSEAS BANK & ORS ..... Respondents Through :

Mr.Kunal Tandon & Mr.Surendra Kumar, Advocates for banks.

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 03.03.2017 CAV No.210/2017 Counsel as above appears for Caveator/respondents. The caveat is discharged.

CM No.8718/2017 Exemption allowed, subject to all just exceptions. The application is disposed of.

W.P.(C) 1970/2017 & CM No.8717/2017 Counsel appearing for the petitioner submits that the petitioner wishes to withdraw the writ petition.

He, however, prays that a month's time be given to the petitioner to vacate the residential premises being the subject matter of proceedings under the

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Subject to the petitioner furnishing a written undertaking by 6th March, 2017, to vacate the said premises within 03.04.2017, the petitioner's possession of the said premises shall not be disturbed by the respondents till 03.04.2017.

The petitioner shall also be allowed to participate in the auction that may be held for sale of the said premises. In default of submission of an undertaking in terms of this order, the respondents may proceed against the petitioner.

The writ petition is dismissed as withdrawn along with the connected miscellaneous application.

Copy of this order be given dasti to the Advocate of the petitioner under signature of the Court Master. INDIRA BANERJEE, J YOGESH KHANNA, J MARCH 03, 2017 M