Gopal Singh Hanot v. UCO Bank & Ors.

Delhi High Court · 30 May 2017 · 2017:DHC:3049-DB
Hima Kohli; Sangita Dhingra Sehgal
W. P. (C) 5209/2017
2017:DHC:3049-DB
civil petition_dismissed

AI Summary

The High Court dismissed the writ petition challenging the DRAT order as not maintainable since an appeal against the same order was already pending before the DRAT.

Full Text
Translation output
W. P. (C) 5209/2017
HIGH COURT OF DELHI
W.P.(C) 5209/2017 & CM APPL.22161-22162/2017
GOPAL SINGH HANOT ..... Petitioner
Through: Mr. R.S. Rathi with Ms. Kusum, Advocates.
VERSUS
UCO BANK & ORS ..... Respondents
Through: Mr. Sarfaraz Khan, Mr. Ataur Rahman &
Mr. Mohd. Khairul Hussain, Advocates for R-1.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R
31.05.2017
JUDGMENT

1. The petitioner has filed the present petition assailing the order dated 13.02.1017 passed by the DRAT-III in RC No. 281/2015 where under the objections filed by him in respect of the property mortgaged to the respondent/Bank were dismissed. Admittedly the petitioner has challenged the order dated 13.02.2017 before the learned DRAT by filing an appeal listed as Appeal No.215/2017, on which the notice was issued to the respondent/Bank on 29.05.2017, returnable on 07.06.2017.

2. In view of the fact that the petitioner has already filed an appeal against the impugned order dated 13.02.2017, there is no question of entertaining the present petition.

3. At this stage, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to assail the order dated 2017:DHC:3049-DB

W. P. (C) 5209/2017

4. Leave, as prayed for, is granted. The present petition is dismissed as withdrawn along with the pending applications. HIMA KOHLI, J SANGITA DHINGRA SEHGAL, J MAY 30, 2017 afa