The High Court of Delhi allowed the petitioner to remain in possession until April 3, 2017, provided a written undertaking was submitted. The writ petition was subsequently dismissed as withdrawn.
Petitioner allowed one month to vacate the premises, subject to submitting a written undertaking by March 6, 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~37
..... Petitioner Through : Mr.Sanjeev Bhandari, Advocate.
versus
INDIAN OVERSEAS BANK & ORS
..... Respondents Through : Mr.Kunal Tandon & Mr.Surendra Kumar, Advocates for banks.
CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE YOGESH KHANNA O R D E R % 03.03.2017
CAV No.210/2017
Counsel as above appears for Caveator/respondents.
The caveat is discharged.
CM No.8718/2017
Exemption allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) 1970/2017 & CM No.8717/2017
Counsel appearing for the petitioner submits that the petitioner wishes to withdraw the writ petition. He, however, prays that a month’s time be given to the petitioner to vacate the residential premises being the subject matter of proceedings under the
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
Subject to the petitioner furnishing a written undertaking by 6th March, 2017, to vacate the said premises within 03.04.2017, the petitioner’s possession of the said premises shall not be disturbed by the respondents till 03.04.2017.
The petitioner shall also be allowed to participate in the auction that may be held for sale of the said premises. In default of submission of an undertaking in terms of this order, the respondents may proceed against the petitioner.
The writ petition is dismissed as withdrawn along with the connected miscellaneous application.
Copy of this order be given dasti to the Advocate of the petitioner under signature of the Court Master.
INDIRA BANERJEE, J
YOGESH KHANNA, J
MARCH 03, 2017 M
1 issue framed by the court
Whether the petitioner should be granted time to vacate the premises before the writ petition is finally disposed of.
1 provisions across 1 enactments
KRISHAN DHINGRA
INDIAN OVERSEAS BANK
INDIRA BANERJEE
YOGESH KHANNA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
