SUKHDEV Vs. ADITYA BIRLA HOUSING FINANCE LIMITED

JUDGEMENT

(1.) Petitioners seek to lay a challenge to the auction sale of the subject property for coercing the recovery of debts outstanding. Learned Panel Counsel appearing for the 1st Respondent - Bank submits that the Petition has become infructuous since the sale has not taken place. The second grievance of the Petitioners is as to non- consideration of their request for regularization of the Bank Account. Learned Panel Counsel for the 1st Respondent - Bank fairly submits that if an appropriate application is filed, there would be no difficulty for his client to take a call thereon. This is fair.

(2.) In view of the above, this Writ Petition is disposed off reserving liberty to the Petitioners to apply for regularization of their Bank Account within two weeks. If such an application is filed, the same shall be considered by the Respondent-Bank within an outer limit of four weeks next following. Till such consideration happens, no coercive action for recovery of loans shall be taken against the Petitioners.

(3.) All contentions are kept open.