Pawan Kumar v. Canara Bank

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 5206 of 2019 Decided on : 27.02.2019 Pawan Kumar . . . Petitioner(s)

Versus

Canara Bank . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Rahul Sharma-I, Advocate for the petitioner(s).

**** AJAY KUMAR MITTAL, J. (Oral) Petitioner has approached this Court under Article 226 of the Constitution of India, seeking quashing of the proceedings initiated by the respondent-Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short 'the SARFAESI Act, 2002'), whereby, the respondent-Bank has taken the symbolic possession of the residential house of the petitioner, situated in New Vishwakarma Nagar, Gali No. 4, Plahi Road, Phagwara.

2.

After arguing for sometime, learned counsel for the petitioner submitted that he may be allowed to withdraw the present writ petition with liberty to the petitioner either to approach the respondent-Bank at the first instance or take recourse to the alternative remedies as may be available to him, in accordance with law.

3.

Dismissed as withdrawn. It shall, however, be open to the petitioner to take recourse to the remedies as may be available to him, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (MANJARI NEHRU KAUL) JUDGE February 27, 2019 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2019.02.28 11:22 I attest to the accuracy and authenticity of this document Chandigarh