- (1.) Heard counsel for the parties.
(2.) The respondent Bank has brought to the notice of the court the order dated 26th November 2012 passed in LPA No. 453/12 which was preferred against the interim order dated 19th September 2012 passed in the instant case. The learned Division Bench of this court, by the said order, has observed as follows: "Since the appellant-Bank was directed to accept Rs. 40.00 lakhs and, therefore, that is not voluntary acceptance in view of the order passed by the learned Single Judge dated 19.09.2012 then obviously that acceptance is without any prejudice to the right of the appellant-Bank and, therefore, the appellant-Bank should not have any grievance against such direction. So far as merit of the writ petition is concerned that is required to be looked into by the learned Single Judge at the time of hearing of the matter, instead of entertaining this L.P.A. we are disposing it of with request to the learned Single Judge to decide the writ petition expeditiously. Learned Single Judge may also consider I.A. No. 2231/2012."
(3.) The respondent Bank had earlier preferred an I.A. No. 2231/2013 seeking dismissal of the writ petition on the grounds that the property in question which is the subject matter of the instant writ application, had been auction sold through a public auction notice dated 16th December 2009 and a sale certificate has been issued on 20th January 2010 in favour of the private respondent hereinbefore filing of the writ petition i.e. on 24th February 2010. Counsel for the respondent Bank had sought to press the instant I.A. after bringing to the notice of this court the order passed by the Division Bench on 26th November 2012.;