Pawan Tanwar v. DMI Housing Finance

1. This case is taken up today as 12.12.2016 was declared as a holiday on account of Milad-Un-Nabi (Birthday of Prohet Mohammad).

2. Pursuant to the order dated 23.11.2016 on which date, counsel for the petitioner was directed to give a written intimation of the next date of hearing to the respondent, learned counsel enters appearance on behalf of the respondent and states that he shall be filing his power of attorney within one week. He further states that due to an error that has crept in the order dated 28.9.2016, passed by the learned CMM by wrongly mentioning the dimension of the property sought to be attached by the respondent, a fresh application has been filed, which shall be listed before the learned CMM on 22.12.2016 for appropriate orders. He states that in view of the above error, the respondent does not propose to take further action in terms of the order dated 28.03.2016, till further orders are passed by the learned CMM on the 2016:DHC:7982 W.P.(C) 11037/2016 fresh application filed by the respondent.

3. In view of the aforesaid submission made by learned counsel for the respondent, the present petition is disposed of, along with the pending applications. Needless to state that the petitioner shall be entitled to seek his remedies against the proposed attachment of the borrowed assets sought to be undertaken by the respondent, before the appropriate forum, in accordance with law. HIMA KOHLI, J DECEMBER 14, 2016 sk/rkb