Religare Finvest Limited v. State Of Haryana And Others

CWP-10847-2024 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-10847-2024 (O&M) Date of decision:25.10.2024 Religare Finvest Limited ... Petitioner Vs.

State of Haryana & others ... Respondents

CORAM:

HON'BLE MRS. JUSTICE LISA GILL.

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

Present:

Mr. Sanjeev Singh, Advocate for the petitioner (through VC) Mr. S.K. Panwar, Additional Advocate General, Haryana. Mr. Harsh Chopra, Advocate for respondent No.5. ...

LISA GILL, J. (ORAL).

1.

Prayer in this writ petition is for implementation of order dated 31.08.2022 passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2.

Learned counsel for petitioner submits that this writ petition is rendered infructuous as possession of property in question was handed over to petitioner on 02.07.2024.

3.

Learned counsel for respondent No.5 has raised various arguments to submit that possession has been taken over de hors the provisions of law and serious violations were committed while taking over possession. It is further submitted that certain concealments have been made by the petitioner.

HARJEET KAUR 2024.10.29 17:38 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CWP-10847-2024 (O&M) -24.

Learned counsel for the petitioner, however, denies such averments while submitting that possession of the property has been taken in due compliance of applicable provisions of law. 5.

It is brought to our notice by learned counsel for petitioner that on similar grounds respondent No.5 has filed an application in his pending SA No.147 of 2019, seeking restoration of property in question and the matter is still pending adjudication before learned DRT-II, Chandigarh. 6.

Keeping in view the facts and circumstances as above, we do not find any ground whatsoever for continuation of present proceedings or for adjudication on the pleas raised on behalf of respondent No.5 regarding illegal taking over of possession.

6.

Writ petition is accordingly disposed of as infructuous. 7.

Needless to say, respondent No.5 is at liberty to pursue the matter in respect to restoration of possession before learned DRT-II, Chandigarh in accordance with law. Parties are at liberty to take all pleas available to them in accordance with law before the said Tribunal. 8.

Pending application(s), if any, are disposed of accordingly. ( LISA GILL ) JUDGE ( SUKHVINDER KAUR ) 25.10.2024 JUDGE harjeet

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No HARJEET KAUR 2024.10.29 17:38 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH