- (1.) CIVIL Misc. Clarification/Modification Application No.320143 of 2012. Heard Smt. Archana Singh learned counsel for the applicant and Sri H.M.B. Sinha appearing for the petitioner.
(2.) THIS is an application praying for clarification/modification of the order dated 15th February, 2011 as modified on 26th April, 2012 to the effect that respondent-Bank is free to proceed against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner had come to this Court praying for following relief:- i) to issue a writ, order or direction in the nature of Certiorari to quash forthwith the recovery proceeding initiated by the prime lending institution. ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to take any coercive measures against the petitioners during pendency of Rehabilitation Proposal for declaration of petitioner unit as sick for rehabilitation package as per the Government Order issued by the Government of Uttar Pradesh from time to time. iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 8 to dispose of the Representation/Application of the petitioner for granting the Rehabilitation Package to the Unit in the light of Govt. Orders issued on 13.11.1995, 05.04.1999 and 09.06.2004 respectively....."
(3.) THE matter was heard on 15th February, 2011 on which date petitioner made a statement that he did not press relief Nos. 1 and 2 and he was pressing relief No.3 only. Relief no.3 was for a direction to respondent No.8 to dispose of the representation/application of the petitioner for granting the rehabilitation package to the Unit in the light of the Government orders mentioned therein. The writ petition was disposed of with the following directions:- "Considering the facts and circumstances of the of the present case, submissions made by the learned counsel for the parties, ends of justice be served in disposing of the writ petition with the direction that the respondents no. 5 to 8 to take a appropriate steps for consideration for petitioner's rehabilitation proposal and decide the same within a period of four weeks from the date a copy of this order is produced. We provide that further the petitioner may produce certified copy of the order within three days before the respondents no. 5 to 8. We further provide that further proceeding by the Bank may be taken after decision is taken on the Rehabilitation package. With the above directions the writ petition is disposed of." ;