Vivek Kumar Aggarwal v. Oriental Bank Of Commerce & ORS.

$~105 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13103/2018, CM Nos. 50867-50869/2018 VIVEK KUMAR AGGARWAL ..... Petitioner Through:

Mr. Anuj Chauhan, Adv.

versus ORIENTAL BANK OF COMMERCE & ORS.

..... Respondent Through:

Mr. Punit K. Bhalla, Adv. for R-2

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 04.12.2018 CM Nos. 50868-50869/2018 Exemption allowed subject to all just exceptions. Applications stand disposed of.

W.P.(C) 13103/2018 & CM No. 50867/2018 If the petitioner has filed an appeal before the Competent Authority challenging the order of the Recovery Officer dated 20th September, 2018 and thereafter the sale proclamation issued on 3rd November, 2018, the petitioner should prosecute the appeal filed. The grievance of the petitioner, that the appeal is listed in February, 2019 and is not being heard, is not a ground to exercise our extraordinary jurisdiction under Articles 226 and 227

of the Constitution of India, when the petitioner can now file an interlocutory application seeking stay of the proceedings, particularly the sale proclamation issued on 3rd November, 2018. We are hopeful that the Appellate Authority would consider the appeal in accordance with law. With the aforesaid liberty, the appeal is disposed of. CHIEF JUSTICE V. KAMESWAR RAO, J DECEMBER 04, 2018/ak