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High Court of Punjab and HaryanaCWP/1717/2018disposed of

Ravi Chander And Others v. Canara Bank And Another

2019-01-09Mr. Justice R.C. Kathuria (Retd.),Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 1717 of 2018 Decided on : 09.01.2019 Ravi Chander and others . . . Petitioner(s)

Versus

Canara Bank and another . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Jitender Malik, Advocate for Mr. Vikram Sheoran, Advocate for the petitioners.

Mr. Gunjan Gera, Advocate for Mr. Arvind Rajotia, Advocate for the respondents.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioners have approached this Court under Article 226 of the Constitution of India, seeking quashing/setting aside the impugned sale notice dated 26th December, 2017 (Annexure P-13), whereby, the equitable mortgage property of the petitioners has been put on auction fixed for 29th January, 2018 by way of e-auction. Further a writ of Mandamus has been sought, for restraining the respondent-Bank to proceed on the basis of Annexure P-3 and from auctioning the equitable mortgage property i.e. residential plot. 2.

It was not disputed by the learned counsel for the petitioners that in view of the interim order passed by this Court on 25th January, 2018, the auction in pursuance to Annexure P-13, which was fixed for 29th January, 2018, had not been carried out.

3.

In view of the above, it was submitted that the present writ petition has been rendered infructuous and may be disposed of as such. However, liberty be granted to the petitioners to approach this Court again, in case, fresh cause of action arises.

JAWALA RAM 2019.01.14 16:37 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 1717 of 2018 - 2 - 4.

Disposed of as infructuous. It shall, however, be open to the petitioners to take recourse to remedies, in accordance with law, in case any fresh action is taken by the respondent-Bank against them. (AJAY KUMAR MITTAL) JUDGE (MANJARI NEHRU KAUL) JUDGE January 09, 2019 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2019.01.14 16:37 I attest to the accuracy and authenticity of this document Chandigarh