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[2025:RJ-JP:51681] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17968/2025
1. M/s Parv Collection, Through Its Proprietor Mr. Laxman Das, Shop No. 94, Dhula House Market, Bapu Bazar, Jaipur, Rajasthan- 302003. 2. Mr. Laxman Das S/o Sh. Kallu Mal, Shop No. 94, Dhula House Market, Bapu Bazar, Jaipur, Rajasthan-302003. 3. Mrs. Kirti Valiramani W/o M.r Laxman Das, Resident Of Flat No. 539, Vrinda Gardens, Village Khonagoriyan, Jagatpura, Jaipur, Rajasthan-302012. 4. Mrs. Kashma Valiramani W/o M.r Leela Ram, Resident Of Flat No. B-1303, Mahima Elanza, Goliyawas, New Patrkar Colony, Sanganer, Jaipur, Rajasthan-302020. ----Petitioners Versus Indusind Bank Limited, Registered Office At 2401, Gen. Thimmayya Road (Cantonment), Pune 411001, Maharashtra And Having Its Zonal Office At Block A, 11Th Floor, Hyatt Regency Complex, Bhikaji Cama Place, New Delhi-110066. ----Respondent For Petitioner(s) : Mr. Mahendra Shah, Sr. Adv assisted by Mr. Akshit Gupta For Respondent(s) : Mr. Vineet Sharma with Ms. Neha Sharma HON'BLE MR. JUSTICE SANDEEP TANEJA Order 19/12/2025
1. The present writ petition has been filed with the following prayers:-
“i) the impugned auction notice dated 12.09.2025 may kindly be declared illegal and arbitrary & the same may kindly be quashed and set aside;
[2025:RJ-JP:51681] (2 of 2) [CW-17968/2025] ii) by issuing the writ of mandamus/certiorari, order or direction in the nature thereof respondents may kindly be directed:- a. The order dated 29.10.2025 wherein the cost of Rs.1,00,000/- imposed by the learned Tribunal shall be quash and set aside. b. To cancel the auction dated 24.10.2025 and subsequent bid and sell made thereto. c. To grant the possession of the property to the petitioner for running the business and to earn livelihood. iii) Any other appropriate order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioners.”
2. Learned Senior Counsel for the petitioner seeks permission to withdraw the present writ petition with liberty to approach Debt Recovery Appellate Tribunal to challenge the auction notice dated 12.09.2025, auction dated 24.10.2025 and order dated 29.10.2025, wherein the cost of Rs.1,00,000/- has been imposed upon the petitioners. 3. Permission as sought for is granted. 4. Accordingly, the present writ petition is dismissed as withdrawn with liberty to the petitioners to assail the aforesaid orders before the Debt Recovery Appellate Tribunal. 5. All pending application(s), if any, also stands disposed of.
(SANDEEP TANEJA),J AVINASH GULERIA /20