Satwant Kaur v. Ummeed Housing Finance Private Limited And Others

CWP No. 3792 of 2024 (O&M) 2024:PHHC:023106-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.3792 of 2024(O&M) Date of Decision:20.02.2024 Satwant Kaur ......Petitioner

Versus

Ummeed Housing Finance Private Limited and others ...... Respondents CORAM:- HON'BLE MRS.JUSTICE LISA GILL HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Manu Sachdeva, Advocate for the petitioner.

Ms. Ridhi Bansal, Advocate for respondent no.1.

***** LISA GILL, J(Oral).

1.

Prayer in this writ petition is for setting aside notice dated 12.12.2022, Annexure P-5, under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act) and notice dated 04.03.2022, Annexure P-6, under Section 13(4) of SARFAESI Act. 2.

During course of arguments, it is agreed that petitioner shall deposit a sum of Rs. 2,62,704/- as is stated to be the overdue amount by learned counsel for respondent no.1, within two days. Petitioner shall also deposit the installments as they fall due, but the entire deposit shall be without prejudice to her rights to pursue the matter pending before the learned District Consumer Forum, Kurukshetra, wherein allegations of fraud etc., have also been raised by petitioner.

SANJAY KHAN 2024.02.22 15:54 I attest to the accuracy and integrity of this document

CWP No. 3792 of 2024 (O&M) 3.

Learned counsel for respondent no.1, on instructions from Mr. Lalit Kumar, Area Legal Manager, submits that in case, the said deposit is made by petitioner and she continues to deposit the installments as they fall due, no action will be taken against her under SARFAESI Act. 4.

In view of the consensus which has been arrived at between the parties, this writ petition is disposed of as infructuous without expression of any opinion on the merits of the matter or even entertainbility thereof. ( LISA GILL ) JUDGE (AMARJOT BHATTI) February 20, 2024.

JUDGE s.khan Whether speaking/reasoned :

Yes/No.

Whether reportable :

Yes/No.

SANJAY KHAN 2024.02.22 15:54 I attest to the accuracy and integrity of this document