The High Court of Delhi dismissed the writ petition as withdrawn without reservations, leaving all issues open and clarifying that the aggrieved party can file a fresh petition if the subsequent tribunal order is adverse.
Writ petition dismissed as withdrawn with liberty to approach Debt Recovery Appellate Tribunal.
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HEM CHAND GUPTA & ORS. ..... Petitioners Through Mr. Sumit Bansal & Ms. Richa Oberoi, Advocates.
versus
BOMBAY MERCANTILE CO-OPERATIVE BANK & ANR.
..... Respondents Through Mr Mohinder Singh, Advocate for the Caveator Bank.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 09.07.2018
After some hearing, learned counsel for the petitioners seeks liberty to withdraw the present writ petition and states that all contentions and issues would be raised and pressed before the Debt Recovery Appellate Tribunal. Learned counsel for the respondent-caveator bank, who is present on advance notice, states that they would address arguments on all issues before the said Tribunal.
The writ petition is dismissed as withdrawn with liberty as prayed for. We clarify that in case of an adverse order, it will be open to the aggrieved party, to file a writ petition in accordance with law. We have not made any observation and comments on merits. All issues are left open.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J.
JULY 09, 2018 VKR
HEM CHAND GUPTA & ORS.
BOMBAY MERCANTILE CO-OPERATIVE BANK & ANR
SANJIV KHANNA
CHANDER SHEKHAR
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
