Maheshwari & ORS v. Ghan Shyam & ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8427/2017 MAHESHWARI & ORS.

..... Petitioners Through Mr. Hemraj Murmu and Ms. Indra Charan, Advocates versus GHAN SHYAM & ORS.

..... Respondents Through Ms. Sakshi Popli, Advocate with Ms.

Pritika Kashyap, Advocate for R-2 & R-3

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.10.2017 Learned counsel for the petitioner submits that the recovery proceedings are pending before respondent No.3. Learned counsel for respondent Nos. 2 and 3 submits that SDM who is looking after the recovery proceedings is the SDM, Model Town and not the SDM, Mukundpur, Azadpur as stated by the learned counsel for the petitioner. However, learned counsel for the respondent Nos. 2 and 3 submits that the concerned SDM shall take the action as per law. In view of the statement made by the learned counsel for respondent Nos. 2 and 3, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file the same afresh, in case respondent No. 3 do not discharge its duty and recover the amount as per law.

In view of the above, the present petition is dismissed as withdrawn with liberty as prayed for.

CHANDER SHEKHAR, J OCTOBER 27, 2017 b