Suman v. Cholamandalam Investment And Finance Company Ltd. And ORS.

2023:PHHC:134021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6875-2023 (O&M) Date of Decision : 13.10.2023 Suman ....Petitioner

VERSUS

Cholamandalam Investment And Finance Co. Ltd. and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE RITU TAGORE

Present:

None for the petitioner.

Ms. Puja Chorpa, Advocate for respondent Nos. 1 and 2. -.- LISA GILL, J. (Oral) 1.

Prayer in this writ petition is for setting aside auction notice dated 28.03.2023 (Annexure P-2).

2.

On 06.10.2023, following order was passed:- "

Learned counsel for the respondents apart from submitting that present writ petition is not maintainable in view of judgment of Hon'ble Supreme Court in Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and Others, 2022(5) SCC 345 submits that the writ petition in any case is rendered infructuous as earlier proceedings initiated under the SARFAESI Act including notice under Section 13(2) of SARFAESI Act TRIPTI SAINI 2023.10.21 10:30 I attest to the accuracy and integrity of this document Chandigarh

2023:PHHC:134021 CWP-6875-2023 -2has been withdrawn. Fresh notice under Section 13(2) of SARFAESI Act has again been issued on 21.08.2022. As there is no representation on behalf of the petitioner, adjourned to 13.10.2023."

3.

None had appeared on behalf of the petitioner on the last date of hearing. Even today, there is no representation on her behalf. It appears that the petitioner is not interested in proceeding with the matter any longer. 4.

Accordingly, writ petition is dismissed in default. (LISA GILL) JUDGE October 13, 2023 (RITU TAGORE) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO TRIPTI SAINI 2023.10.21 10:30 I attest to the accuracy and integrity of this document Chandigarh