LAWS(DR)-2004-11-12

PREM KUMAR AGRAWAL Vs. BANK OF BARODA

Decided On November 18, 2004

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 preferred by the appellants Sri Prem Kumar Agrawal and three others against the respondent Bank of Baroda being aggrieved by and dissatisfied with the order dated 8th August, 2004 passed by the Recovery Officer, Debts Recovery Tribunal, Allahabad in DRC No. 360 of 2002. Along with the appeal the appellants have also filed a separate application to stay the further proceedings of the DRC No. 360 of 2002 now pending before the Recovery Officer, Debts Recovery Tribunal, Allahabad.

(2.) The appellants preferred a Civil Miscellaneous Writ Petition No. 46702 of 2004 before the Hon'ble High Court at Allahabad and the Hon'ble Court-vide order dated 5th November, 2004 was pleased to dismiss the writ petition summarily with the liberty which says:

(3.) BY the impugned order dated 18th October, 2004 passed in DRC No. 360 of 2002, the Recovery Officer, Debts Recovery Tribunal, Allahabad shifted the fixed date for auction sale from 21st October, 2004 to 29th October, 2004 as 21st October, 2004 was a Bank holiday.