High Court of Rajasthan dismissed a writ petition challenging a bank's order and seeking restraint on property attachment, finding the petition not maintainable due to the existence of an alternative remedy.
The writ petition was dismissed; the petitioner is at liberty to avail the alternate remedy.
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.
[2023:RJ-JD:33368]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 127/2023
Bhanwar Lal Khati S/o Sh. Panna Ram Khati, Aged About 56 Years, Ward No. 06, Nokha, District Bikaner (Rajasthan).
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. DD Chitlangi. |
|---|---|
| For Respondent(s) | : Mr. Aditya Singhi. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/10/2023
2. By appropriate writ, order or direction, the respondent bank may be restrained to attach and auction the petitioner’s mortgaged property against his loan.
3. The respondent bank may be directed not to take the petitioner’s property in possession or attach it.
4. That the respondent bank may also be directed to allow the petitioner to deposit his outstanding principal
(2 of 2)
[2023:RJ-JD:33368]
[CW-127/2023]
amount in regular fix installments with realistic interest.”
(DR.PUSHPENDRA SINGH BHATI), J.
20-/Jitender//-
1 issue framed by the court
Whether the petition challenging bank proceedings is maintainable despite the availability of an alternative remedy.
Bhanwar Lal Khati
Icici Home Finance
DR. PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
