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Bhoora v. State Of U.P. Thru' Secy. Of Finance & Others - WRIT - C No. 67565 of 2005 [2005] RD-AH 4767 (25 October 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. S. K. Singh, J.

Heard counsel for the petitioner and counsel for the respondent bank.

Prayer in this petition is for quashing the auction proceedings pursuant to the recovery process issued to recover the amount which is said to be in default on account of non payment of the loan amount taken from the respondent bank. During the course of argument there is no dispute about the fact that earlier also petitioner came to this Court by filing writ petition i.e. writ petition no. 22396 of 2005 which was disposed of by this Court on 24.3.2005 by providing a time schedule to the petitioner to make the required deposit.

Submission of the learned counsel for the petitioner is that petitioner deposited amount covered by the two instalments well in time but still the respondents are proceeding with the auction of the petitioner's tractor.

Be as it may, on the facts this Court is of the view that in respect to the recovery process, this is second writ petition and, therefore, the same is not maintainable. If this Court has already provided time schedule to make the required deposit and protection was given to the petitioner by that order and if something is being done in violation thereof the remedy of the petitioner, if any, can be by taking recourse either in the contempt side or by moving an application in that very writ petition but in no case second writ petition can be said to be permissible against the recovery process/auction proceeding.

For the aforesaid consideration, this Court declines to grant relief in this writ petition and thus writ petition accordingly fails and is dismissed.





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