Prabhjot Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-9963-2019 Date of decision : 12.04.2019 Prabhjot Kaur ........ Petitioner VS State of Punjab and others ...... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

Present:

Petitioner in person.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Articles 226/227 read with Articles 14 and 16 of the Constitution of India, inter alia, for quashing the impugned possession warrant No. 594 Peshi/P.C.3 dated 21.05.2018 (Annexure P9) passed by respondent No.2 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2.

It was not disputed that an application under Section 17 of the Act is maintainable to challenge the order passed under Section 14 of the Act as held in Kanaiyalal Lalchand Sachdev and others v. State of Maharashtra and others , (2011) 2 SCC 782.

3.

In view of the above, as certain facts are required to be established, we dispose of the present writ petition by relegating the petitioner to avail the aforesaid alternative remedy by approaching the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, in accordance with law. (AJAY KUMAR MITTAL) JUDGE (MANJARI NEHRU KAUL ) 12.04.2019 JUDGE anju Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No -15ANJU 2019.04.23 09:56 I attest to the accuracy and integrity of this document phhc