LAWS(ALL)-2007-9-177

PAWAN KUMAR JINDAL Vs. BANK OF INDIA

Decided On September 07, 2007
PAWAN KUMAR JINDAL Appellant
V/S
BANK OF INDIA Respondents

JUDGEMENT

(1.) AN application has been filed by the petitioner to recall the interim order which was vacated by this Court vide its order dated 16-1-2007. As the counsel for the parties are ready to argue the matter initially, therefore, with the consent of the parties the writ petition is being disposed of.

(2.) BY means of the present writ petition, the petitioner has approached this Court for issuing a writ of certiorari quashing the order dated 25-9-2006 (Annexure 10 to the writ petition) passed by the respondent No.

(3.) FURTHER a writ in the nature of certiorari quashing the order dated 11-12-2006 passed by respondent No. 2 on the application dated 7-12-2006 in Appeal No. nil of 2006 (Annexure 14 to the writ petition) and further prayer in the nature of mandamus has been made in the writ petition that the appeal filed by the petitioner be entertained by the respondents u/s. 30 (1) of the Debts recovery Tribunal (Procedure) Rules, 1993 after accepting Court-fee of Rs. 250/- only. 3. The facts arising out of the present writ petition are that the petitioner moved an application before the Recovery Officer in Case no. 128 of 2003 on 10-10-2005 to release the immovable property Arazi Nos. 559, 560, 561 and 562 situated at Mohalla Lachhipur, district Gorkhpur, which was subject matter of mortgage in O. A. No. 8 of 2003 filed by the respondent No. 1 against respondent no. 4 and others, attached by the Recovery inspector, Debt Recovery Tribunal on 7-10-2004 and stay the auction of the proceeding.