The importance of coming before the court with clean hands and disclosing all material facts in legal proceedings.

ORDER :

1. The present writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India with the following prayers:-

“It is therefore prayed that an order or direction to the respondent bank may be granted that respondent bank should take the final auction amount from the petitioner and also issue Non objection certificate to the petitioner and the notice dated 02.12.2023 (Annex.-15) may kindly be quashed and set aside.

Any other appropriate writ order or direction which this Hon’ble Court thinks fit in the interest of justice may kindly be passed in favour of the petitioner.”

2. Brief facts of the case are that an Original Application bearing No.195/2002 was filed by the respondents Nos.1 and 2 before the learned Debts Recovery Tribunal, Jaipur (for short as ‘the DRT’) for recovery of the amount and the said application was allowed by the tribunal while holding that the respondents Nos.1 and 2 are entitled to recover a sum of Rs.4,82,86,341.79/-from the respondents Nos.3 to 6. The execution proceedings were initiated bearing No.45/2008 in Original Application No.195/2002.

3. The petitioner’s father Shri Pukharaj (since deceased) preferred a writ petition bearing No.9981/2009 before this Court and vide order dated 04.07.2012 (Annex.-7), the writ petition was disposed of with a direction to the DRT, Jaipur to decide the objections filed by the petitioner within a period of one month. The petitioner has also preferred a civil suit, which was dismissed by holding that the appropriate remedy for the petitioner is to approach the DRT. The petitioner approached the DRT and submitted an application while stating that he is ready to pay the actual amount, which was due with respect to the plot No.76, the property which was mortgage with the respondent-bank.

4. The respondent-bank filed reply to the objections and the DRT while deciding the objections, dismissed the application on 11.10.2018 (Annex.-8). The petitioner thereafter approached the respondent-bank and again submitted that he is willing to pay the amount due to the respondent-bank along with the interest. The petitioner came to know that an order dated 14.10.2019 (Annexure-9) has been passed by the DRT while appointing Commissioner and in pursuance of the said order, the possession of the remaining plot was taken. The tribunal vide order dated 13.11.2019 (Annexure-10) recorded that the possession of the other plot has been taken and for plot Nos.75 and 76, the requisite police aid was not made available as such and the learned tribunal directed the Police Commissioner to make available the requisite police aid.

5. The legal heirs of late Shri Pukhraj Agarwal executed a release deed in favour of the petitioner-Suresh Agarwal on 29.11.2023 (Annex.-11). The petitioner had preferred writ petition bearing No.157/2020 before the Hon’ble Court and the Hon’ble Court had stayed the auction proceedings and after that an undertaking was submitted by the petitioner before the Hon’ble Court that he is ready to pay the final auction amount and if he fails to pay such amount, then, the petitioner will handover the vacate possession of the house to the respondent-bank.

6. The petitioner also filed an application before the DRT and stated that according to the undertaking filed before the Hon’ble Court in the previous writ petition, the petitioner is ready to pay the final auction amount to the respondent-bank and the said application was dismissed by the DRT on 22.11.2023 (Annex.-13) and thereafter, notice dated 02.12.2023 (Annex.-14) was issued for vacating the premises in question. Being aggrieved with the same, the present writ petition has been preferred by the petitioner.

7. Learned counsel for the petitioner submits that :-

(a) Once the petitioner is ready to pay the amount which was due to the bank, then in such circumstances, the order of the learned tribunal as well as the impugned notice deserve to be quashed and set aside.

(b) The petitioner is in poss