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2003 Supreme(Del) 195

SANJAY KISHAN KAUL
STATE BANK OF INDIA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
AMITA GUPTA, Amitabh Narayan, B.J.NAYAR

SANJAY KISHAN KAUL

( 1 ) RULE. With the consent of learned counsel for the parties, the petition is taken up for final disposal.

( 2 ) IT is a classic case of being more loyal than the king. The distress warrant was issued against respondent No. 3 by respondent No. 1 Corporation on account of arrears of property tax. Surprisingly, respondent No. 3 did not challenge the warrant of distress in the present proceedings, though learned counsel for the respondent No. 3 submits that separate proceedings had been initiated by the said respondent and the assessment order had been quashed and the matter has been remanded back to the assessing authority.

( 3 ) LEARNED counsel for the petitioner bank, however, contends that the matter in issue should be still considered and decided in view of the fact that the petitioner bank is faced with such a situation on numerous occasions.

( 4 ) THE first objection raised by learned counsel for the respondent Nos. 1 and 2 / Corporation is that the petitioner has no locus standi to file the present writ petition in view of the fact that the petitioner is not the affected party and it is the respondent No. 3, which is the affected party. I am in agreement w











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