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High Court of Punjab and HaryanaCWP/9779/2018disposed of

Daan Singh v. Central Bank Of India

2018-10-03Mr. Justice R.C. Kathuria (Retd.),Ms. Justice Ritu Bahri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-12828-CWP-2018 in/and CWP-9779-2018 Decided on : 03.10.2018 Daan Singh . . . Petitioner(s)

Versus

Central Bank of India . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Gaurav Singla, Advocate for the applicant-petitioner(s).

**** AJAY KUMAR MITTAL, J. (Oral) CM-12828-CWP-2018 This is an application under Order 9 Rule 9 read with Section 151 of the Code of Civil Procedure, for recalling of order dated 18.07.2018, whereby, the present writ petition was dismissed for want of prosecution. After hearing learned counsel for the applicant-petitioner and perusing the averments made in the application, which is supported by an affidavit of the applicant-petitioner, the same is allowed and the writ petition is ordered to be restored to its original number.

CWP-9779-2018 At the oral request of learned counsel for the applicant-petitioner, the main case is taken up for hearing today.

2.

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 the impugned notice Annexure P-2, vide which the residential house of the petitioner, which was mortgaged with the respondent-Bank, is put for auction on 21.04.2018. A writ of Mandamus, has also been sought for directing the JAWALA RAM 2018.10.05 16:37 I attest to the accuracy and authenticity of this document Chandigarh

CM-12828-CWP-2018 in/and CWP-9779-2018 - 2 - respondent-Bank not to auction the residential house No.3708 of the petitioner and give fresh calculation after adjusting the deposited amount in the month of September to December, 2017.

3.

At the outset, learned counsel for the petitioner submitted that the auction, which was scheduled for 21st April, 2018, has since expired, therefore, the present writ petition has been rendered infructuous. Accordingly, a prayer was made that the same may be disposed of as such. 4.

Ordered accordingly.

(AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE October 03, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2018.10.05 16:37 I attest to the accuracy and authenticity of this document Chandigarh