Harpal Bhatia v. Fullerton India Credit Company Ltd . And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 10181 of 2018 (O&M) Decided on : 26.11.2018 Harpal Bhatia . . . Petitioner(s)

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Fullerton India Credit Company Ltd. and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Ranjit Saini, Advocate for the petitioner(s).

None for the respondent(s).

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking quashing of the letter dated 13.09.2017 (Annexure P-2), issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short 'the Act') and possession notice dated 19.12.2017 (Annexure P-5), issued under Section 13(4) of the Act. Further prayers have been made to issue direction to the respondents to supply all the loan related documents including the title deed of the house along with NOC to the petitioner as well as not to carry any proceedings under the Act regarding forcibly possession of the house of the petitioner.

2.

Learned counsel for the petitioner states that inspite of making sincere efforts, he could not contact the petitioner and therefore, no instructions have been received in the present case so far. Accordingly, a prayer was made that he may be allowed to withdraw the present writ petition with liberty to the petitioner to approach this Court again on the same cause of action, if need so JAWALA RAM 2018.11.29 13:12 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 10181 of 2018 (O&M) - 2 - arises.

3.

Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that the office shall tag the record of CWP No. 29349 of 2018 along with the fresh writ petition as and when the same is filed. (AJAY KUMAR MITTAL) JUDGE (MANJARI NEHRU KAUL) JUDGE November 26, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2018.11.29 13:12 I attest to the accuracy and authenticity of this document Chandigarh