Union Bank Of India v. Neeraj Dassani & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5328/2016 UNION BANK OF INDIA ..... Petitioner Represented by:

Mr.Janendra Lal, Ms.Yasmin Tarapore, Advs.

versus NEERAJ DASSANI & ORS ..... Respondent Represented by:

Mr.Zorawar Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.06.2016 CM 22199/2016 Exemption allowed subject to just exceptions. W.P.(C) 5328/2016 1.

The petition is prolix and does not bring home the point regarding liability of R-1 and R-2, which writ petitioner claims was continuous and was of a kind where increase in the credit limit granted by the bank does not absolve the guarantors their liability on the principle of novation. 2.

Rather than the petition suffers dismissal for lack of pleadings learned counsel seeks leave to withdraw the petition on principle analogous to Order XXIII Rule 1 of the Code of Civil Procedure with right to file a fresh petition laying a challenge to the impugned order dated January 27, 2016. W.P.(C) 5328/2016

3.

Granting liberty as prayed for we permit the petition to be withdrawn and hence dismiss the same as withdrawn.

4.

No cost.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

JUNE 01, 2016 'ga'

W.P.(C) 5328/2016