Court No. - 27 Case :- MISC. BENCH No. - 1212 of 1997 Petitioner :- Smt. Kanees Fatima Respondent :- Bank Of Baroda , Akbarpur ,Ambedkar Nagar Petitioner Counsel :- Ghaus Beg Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
Case called out.
None appeared for the petitioner.
This writ petition under Article 226 of the Constitution of India has been
preferred against the impugned auction and sale proceeding dated 12th
February,1997.
It has been stated in the writ petition that the petitioner is neither a borrower
nor a guarantor and the recovery proceedings have been initiated on
unfounded ground.
Inspite of lapse of more time, no counter affidavit has been filed by the
respondents. The controversy involves disputed question of facts.
Accordingly, the liberty is given to the petitioner to represent her cause before
the opposite party no. 1 who may look into the matter and decide the same on
the basis of the original record by passing a speaking and reasoned order
expeditiously and prefearably within a period of three months from the date of
receipt of a certified copy of this order and communicate the decision to the
petitioner.
For the period of three months or till the disposal of the controversy,
whichever is earlier, the status-quo shall be maintained as exits today.
Subject to above, the writ petition is disposed of finally.
Order Date :- 7.1.2010
AKS