GAURAV ENTERPRISES Vs. RAVINDRA SINGH PAL

JUDGEMENT

(1.) It is submitted by the counsel for the petitioner that the bank had issued an advertisement for auction of property mentioned in advertisement dated 10/07/2011 (Annexure C/1). Thereafter, the bank authorities tried to help out the borrower in various manners, which were the subject matter of the various litigations, which have taken place between the parties.

(2.) It is submitted that the borrower had filed a writ petition p before this Court, which was registered as W.P.No.4898/2011 and on the day one, without there being any notice of the said writ petition, the counsel for the bank appeared and entered into a settlement with the borrower and accordingly order dated 28/07/2011 was passed. Immediately thereafter the bank informed the petitioner about its inability to handover the possession of the auctioned property, therefore, the petitioner filed a Writ Petition No.5432/2011, which was finally disposed of by this Court by order dated 20/10/2011, by which the respondent/bank was directed to hand over the possession of the property to the petitioner.

(3.) It is submitted that thereafter Writ Appeal No.581/2011 was filed by the bank, whereas Writ Appeal No.589/2011 was filed by the borrower. Both the writ appeals were dismissed by the Division Bench of this Court by order dated 28/11/2011. While dismissing the writ appeal filed by the borrower, this Court had specifically given certain findings with regard to the conduct of the authorities. The order dated 28/11/2011 was subject matter of SLP (Civil) No.2613/2012. By order dated 23/02/2015 the direction given by the writ appellate court in W.A.No.589/2011 for initiating the contempt proceedings against the officers of the bank was set aside, however, the remaining findings were maintained.