The court dismissed a writ petition filed by an Assistant Secretary challenging a bank's liquidation due to excessive delay exceeding the permitted tenure under the applicable Statute, leading to the vacation of interim orders.
The writ petition is dismissed; interim orders are vacated; pending miscellaneous cases arising out of the petition are dismissed.
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O.J.C No.9396 of 1999
1.05.2017
This writ petition was filed by the then Assistant Secretary of a Union challenging th
e liquidation of a Bank. The period of the Assistant Secretary is very limited under the Statu
te. Therefore, the writ petition filed by the Assistant Secretary cannot be entertained after
such a long period.
Accordingly, the writ petition stands dismissed.
In view of dismissal of this petition, interim order passed earlier stands vacated and
all the pending Misc. Cases arising out of this petition stand dismissed accordingly.
(Biswanath Rath, J.)2
2 issues framed by the court
Whether a writ petition filed by a temporary Assistant Secretary challenging a bank's liquidation can be entertained after a long delay?
Whether the writ petition should be dismissed on the grounds of excessive delay under the Statute?
Assistant Secretary of a Union
Bank
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court