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High Court of Punjab and HaryanaCWP/21124/2018dismissed

Vivek Kumar v. State Bank Of India & ORS.

2018-09-12Mr. Justice R.C. Kathuria (Retd.),Ms. Justice Ritu Bahri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 21124 of 2018 Decided on : 12.09.2018 Vivek Kumar . . . Petitioner(s)

Versus

State Bank of India and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Inderjit Sharma, Advocate for the petitioner.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing of impugned notices dated 04.07.2018 & 09.07.2018 (Annexures P-10 & P-12), issued by respondent No.3, whereby, the petitioner/successful bidder has been directed to deposit the remaining sale consideration/sale price and in case default of payment, the earnest money deposit (EMD) already deposited by the petitioner shall liable to be forfeited and properties shall be put to re-auction. Further, a writ in the nature of Mandamus has been sought, for directing respondents No.2 & 3 to extend the period for depositing the remaining sale consideration/sale price till the clearance of the title/ownership of the e-auctioned land by the competent Court of Law.

2.

At the outset, learned counsel for the petitioner states that as the petitioner had failed to comply with the order dated 23rd August, 2018, for producing the demand draft of `58.50 lakhs, therefore, he may be allowed to withdraw the present writ petition with liberty to the petitioner to take recourse to JAWALA RAM 2018.09.13 16:29 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 21124 of 2018 - 2 - the alternative remedies as are available to him, in accordance with law. 3.

Dismissed as withdrawn. It shall, however, be open to the petitioner to take recourse to the remedies as may be available to him, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE September 12, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2018.09.13 16:29 I attest to the accuracy and authenticity of this document Chandigarh