HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2058/2025 M/s Gogi Motor Store .....Applicant(s)/Petitioner(s) Through :- Mr. Mahmood A. Shaad, Advocate v/s Citizen Co-operative Bank Ltd. and Anr. .....Respondent(s) Through :- Mr. Ajay Bakshi, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 13.08.2025 1. Impugned in this petition is a tender cum auction sale notice issued by the Authorized Officer of the Citizen Co-operative Bank Ltd. on 03.04.2025. 2. Learned counsel for the petitioner submits that during the pendency of this petition, the respondent bank has issued fresh notice for auction sale which is published in the Daily Excelsior on 18.06.2025. Learned counsel for the petitioner submits that in view of the aforesaid development, the instant writ petition is rendered infructuous and, therefore, he has instructions from the petitioner to withdraw it with a liberty to throw challenge to the fresh notice published in the Daily Excelsior on 18.06.2025. 3. The statement of the learned counsel for the petitioner is taken on record. 4. The writ petition is, accordingly, dismissed as withdrawn with a liberty as prayed for. We, however, make it clear that since there was no interim stay granted by this Court in this case and with the Sr. No. 21 WP (C) No. 2058/2025 2 withdrawal of this petition, the bank shall be free to proceed with the auction in terms of the auction notice published in the Daily Excelsior on 18.06.2025, subject to the remedies, if any available, to the petitioner. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 13.08.2025 Manik