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High Court of Punjab and HaryanaCWP/9469/2020dismissed

M/S S. Nanda Industries Pvt. Ltd. v. District Magistrate Ludhiana And Others

2020-08-11Dr. Justice S. Muralidhar,Mr. Justice Avneesh Jhingan1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-9469-2020 Date of Decision:11th August, 2020 M/s S. Nanda Industries Pvt. Ltd. through its Director Sudhir Nanda Petitioner

Versus

The District Magistrate, Ludhiana and others Respondents CORAM: JUSTICE S. MURALIDHAR JUSTICE AVNEESH JHINGAN * * * Present :

Mr. Sahil Khunger, Advocate for the Petitioner. * * * Dr. S. Muralidhar, J.

1. Mr. Sahil Khunger, learned Counsel for the Petitioner states that physical filing is not permitted in the Debt Recovery Tribunal ('DRT') to question the order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He states, however, that e-filing is being permitted, although, according to him, it is a difficult process.

2. In the considered view of the Court, the Petitioner should at least attempt in the first instance to approach the DRT through e-filing with a request for urgent filing. If for some reason, it is not successful in its attempt, the Petitioner can approach this Court enclosing the copy of the application e-filed together with a copy of the log report generated to show that the e-filing in the DRT was not successful.

3. With the above observations, the petition is dismissed as not entertained.

4. This order will not prevent the Petitioner from approaching the Respondent/Bank with any offer that it may wish to make regarding repayment. [S. MURALIDHAR] JUDGE [AVNEESH JHINGAN] JUDGE 11th August, 2020 pankaj baweja Whether speaking / reasoned :

Yes / No Whether reportable :

Yes / No PANKAJ BAWEJA 2020.08.11 07:35 I attest to the accuracy and integrity of this document High Court, Sector-1, Chandigarh