High Court of Punjab and HaryanaCWP/16809/2021disposed of

Magma Housing Finance Limited v. District Magistrate, Bhiwani And Others

2021-09-16Mr Justice Jaswant Singh,Mr. Justice Sant Parkash2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Writ Petition No. 16809 of 2021 (O&M) Date of Decision: 16.09.2021 Magma Housing Finance Limited (now known as POONAWALLA FINCORP LIMITED), Mohali .......... Petitioner

Versus

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

Present:

Er. Sandeep Suri, Advocate for the petitioner.

Mr. Vivek Saini, Additional Advocate General, Haryana. [ The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court ] **** JASWANT SINGH, J. (ORAL) The secured creditor is before this Court seeking a direction to the Tehsildar, Siwani, District Bhiwani (respondent No. 2), to implement the order dated 04.02.2020 (Annexure P-3) passed by the District Magistrate, Bhiwani (respondent No. 1), under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, directing providing of official assistance for taking and handing over the physical possession of the secured asset, i.e. the mortgaged residential house to the officers of the Bank.

At the time of hearing, counsel for the parties very fairly agree that the order cannot be implemented in view of a general protection granted by a Division Bench of this Court in CWP-PIL No. 77 of 2021, titled "Court on its own Motion Versus Union of India and others". They also DINESH KUMAR 2021.09.

C.W.P. No. 16809 of 2021 (O&M) -2action in accordance with law as laid down in case titled "Allahabad Bank, Branch at Industrial Area A, Link Road, Ludhiana through its Chief Manager/ Authorised Officer Sh. Nishant Shukla Versus District Magistrate, Ludhiana and others", passed in CM No. 3178-CWP of 2021 in CWP No. 4916 of 2020 by a Division Bench of this Court on 06.09.2021, shall be duly undertaken.

In view of the above, the present petition is hereby disposed of as infructuous.

( JASWANT SINGH ) JUDGE September 16, 2021 ( SANT PARKASH ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2021.09.17 11:50 I attest to the accuracy and integrity of this document