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2022 Supreme(All) 1692

MOHD. ASLAM
Maheshwar Dutt Mishra Alias Maheshwar Dutt – Appellant
Versus
Punjab National Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shrikant Mishra, Amarjeet Singh Rakhra
For the Respondent: Pashu Pati Pratap Singh, Praveen Dwivedi

JUDGMENT :

1. Heard Shrikant Mishra, learned counsel for the petitioners, Sri P.P. Singh, learned counsel for the respondent nos.1 to 4 and perused the record.

2. The instant writ petition has been filed on behalf of the petitioner with the following prayer:-

    "A. Issue a writ, order or direction in the nature of certiorari setting aside the order dated 15.10.2022 passed by Debt Recovery Tribunal, Lucknow in Miscellaneous Application No.82 of 2021 filed in Seuritisation Application No.234 of 2021 (Abhay Dutt Mishra and others Vs. Punjab National Bank and another), annexed as Annexure No.1 to this writ petition.

B. Issue a writ, order or direction in the nature of mandamus directing the respondent bank to accept the payment being made towards outstanding dues by means of bankers cheque dated 14.9.2021 prepared in its favour by the petitioners and release the mortgaged property from its charge.

C. Issue a writ, order or direction in the nature of certiorari quashing the sale proceedings conducted by the respondent bank pursuant to sale notice dated 18.8.2021 and all other consequential actions taken by the respondent bank."

3. It is submitted by learned counsel for the petitioners that the

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