Writ petition assailing auction notice dismissed as auction not held. Court directed bank to consider settlement application and retained deposit towards it.
Writ petition dismissed; bank directed to consider settlement application and treat retained deposit towards settlement.
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wp772-13.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.772/2013
Vishwambhar Gahininath Kale & Ors .. Petitioners
V/s
Special Recovery Officer, Vasant Dada Nagri Sahakari Bank Ltd. and Another
.. Respondents
... Shri S.S.Jadhavar,Adv.for petitioners. Shri M.B.Kolpe,Adv.for Respondent nos.1 and 2.
CORAM : S.V.GANGAPURWALA,J. DATE : 22nd APRIL, 2013.
ORAL ORDER :
The Writ Petition assails the auction notice issued by the respondents and published on 14/12/12. This Court vide order dated 23/1/13 directed that the auction proceedings shall not be finalized and the petitioner was directed to deposit an amount of Rs.50,000/-.
2] The petitioner has deposited amount of Rs.50,000/- on 18/4/13. Mr.Jadhavar, learned counsel submits that the petitioner would approach the bank for settlement. The petitioner has
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wp772-13.odt
deposited an amount of Rs.2,16,600/- which includes the amount of Rs.50,000/- deposited in the Court.
3] Shri Kolpe, learned counsel submits that if such an application is given, the bank would consider such application.
4] Shri Kolpe, learned counsel further submits that pursuant to the public notice, dated 14/12/12, the bank has not proceeded with the auction.
5] In light of the above, nothing survives in the Petition. Present Petition assails the public notice of auction dated 14/12/12. As auction is not conducted pursuant thereto, nothing remains for adjudication in the Writ Petition.
6] Writ Petition is disposed of. If application for settlement is made by the petitioner, the respondent bank shall consider the same according to its scheme. The respondent bank is entitled to withdraw the amount of Rs.50,000/- deposited by the petitioner and shall consider the same while settling the matter.
[S.V.GANGAPURWALA,J.]
umg/
1 issue framed by the court
Whether a writ petition challenging an auction notice survives when the auction is not conducted subsequently.
Vishwambhar Gahininath Kale & Ors
Special Recovery Officer, Vasant Dada Nagri Sahakari Bank Ltd
Another
S.V.GANGLPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
