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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
S. K. Kaushal – Appellant
Versus
District Bar Association (DBA) Ambala – Respondent
| Table of Content |
|---|
| 1. nature of ongoing civil suit and auction dispute (Para 1 , 2 , 3 , 4) |
| 2. justification for declining writ petition (Para 5 , 6) |
| 3. conduct of the appellant in litigation (Para 7 , 8) |
| 4. dismissal of appeal and its implications (Para 9) |
JUDGMENT
G.S. Sandhawalia, J.
Consideration in the present Letters Patent Appeal, filed by the appellant-writ petitioner, is to the order dated 28.04.2017 of the Learned Single Judge passed in CWP-17116-2016 titled S.K.Kaushal v. The District Bar Association (DBA) Ambala & others, which was dismissed while noting that the Civil Suit was already pending and the writ petition is not maintainable against the District Bar Association Ambala (DBA) which is a society registered under the Societies Registration Act. The same was held not falling within the ambit of Article 12 of the Constitution of India and the writ petitioner having already availed the remedy, he could seek interim relief regarding stay of auction which had been declined and therefore, parallel proceedings could not be continued.
2. The challenge in the writ petition was to the order dated 26.02.2016 (Annexure P-8) wherein the DBA had cancelled allotment of the writ petition
The denial of benefits claimed must be reflected in the order; otherwise, it would be deemed as denied.
A writ petition pursuing parallel remedies under the Insolvency and Bankruptcy Code is impermissible and affects parties' rights; interim orders must determine substantial issues.
The petitioner should avail appellate remedy under Section 18 of the Act of 2002 to challenge the confirmation of sale by the Debt Recovery Tribunal.
An order passed by the Civil Court is amenable to scrutiny by the High Court only in exercise of jurisdiction under Article 227 of the Constitution of India, and no letters patent appeal would be mai....
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