Kamlesh Dhiman v. Oriental Bank Of Commerce And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 7916 of 2018 Decided on : 25.07.2018 Kamlesh Dhiman . . . Petitioner(s)

Versus

Oriental Bank of Commerce and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Vikram Singh, Advocate for the petitioner(s).

Mr. Yogesh Putney, Advocate for respondents No.1 & 2.

Mr. Nishant Raj, Advocate for respondents No.3 & 4.

**** AJAY KUMAR MITTAL, J. (Oral) The challenge in this writ petition is to the auction notice dated 14th March, 2018 (Annexure P-4), whereby, the respondent-Bank had initiated the action for the auction of the immovable properties mentioned in the said notice. 2.

Learned counsel for respondents No.1 & 2 submitted that the date for holding of e-auction has already expired, which was fixed for 30th March, 2018 and no bid was received.

3.

On the aforesaid premises, it was urged by learned counsel for respondents No.1 & 2 that the writ petition has been rendered infructuous and may be disposed of as such.

4.

Ordered accordingly.

5.

Learned counsel for the petitioner submitted that the petitioner was a guarantor and is prepared to discharge the entire liability in respect thereof. Accordingly, it was stated that the petitioner will pursue her remedy either before the Debt Recovery Tribunal, where the appeal filed by the Bank is pending or JAWALA RAM 2018.08.06 13:38 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 7916 of 2018 - 2 - by approaching the Bank.

6.

Needless to say, it shall be open to the petitioner to take recourse to the remedies as may be available to her, in accordance with law. (AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE July 25, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2018.08.06 13:38 I attest to the accuracy and authenticity of this document Chandigarh