High Court of Punjab and HaryanaCWP/9948/2020dismissed

Deepak Bansal And Another v. District Magistrate Moga And Others

2020-07-16Mr Justice Jaswant Singh,Mr. Justice Sant Parkash2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Writ Petition No. 9948 of 2020 (O&M) Date of Decision: 16.07.2020 Smt. Deepak Bansal and another .......... Petitioners

Versus

The District Magistrate, Moga, Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH

Present:

Mr. Sahil Khunger, Advocate for the petitioners. **** [ The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court ] JASWANT SINGH, J. (ORAL) The two petitioners, namely, Smt. Deepak Bansal and Jeevan Kumar are guarantors in the loan availed by respondent No. 4-M/s. Jeevika Automobiles, Nihal Singh Wala, District Moga. It is averred that respondent No. 4 by illegally alluring, got mortgaged the property of the petitioners.

By filing the present writ petition, they (petitioners) seek quashing the Demand Notice dated 03.06.2019 (Annexure P-4) issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "SARFAESI Act, 2002"); Possession Notice dated 14.08.2019 (Annexure P-6) under Section 13 (4) of the SARFAESI Act, 2002 issued by the respondent-State Bank of India; as also order dated 11.01.2020 (Annexure P-12) passed by Additional District Magistrate, Moga, permitting the respondent-Bank for taking possession of the mortgaged property of the petitioners-guarantors.

DINESH KUMAR 2020.07.17 11:48 I attest to the accuracy and integrity of this document

C.W.P. No. 9948 of 2020 (O&M) -2At the time of hearing, counsel for the petitioners prays for permission to withdraw the present petition to enable his clients to file a fresh one with better particulars.

Dismissed as withdrawn with the liberty, as prayed for. ( JASWANT SINGH ) JUDGE July 16, 2020 ( SANT PARKASH ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2020.07.17 11:48 I attest to the accuracy and integrity of this document