Anju Saroha Alias Anju Sardha v. Icici Bank Ltd. And Others
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Civil Writ Petition No. 17866 of 2021 (O&M) Date of Decision: 14.09.2021 Anju Saroha @ Anju Sardha .......... Petitioner
Versus
ICICI Bank Ltd., New Delhi and others .......... Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH
Present:
Mr. Karanvir Hooda, Advocate for the petitioner.
**** JASWANT SINGH, J. (ORAL) Petitioner - Anju Saroha @ Anju Sardha raised a home loan of ` 21,65,365/- and also another home improvement loan of ` 12 Lakhs from the ICICI Bank in the year 2019. Due to financial indiscipline, the said loan accounts were declared as Non-Performing Asset (NPA) on 31.01.2021. The Bank issued a Notice dated 24.06.2021 (Annexure P-1) under Section 13 (2) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, seeking to recall a joint amount of ` 36,83,634, due as on 08.06.2021 in both the accounts. The petitioner / borrower filed a reply dated Nil (Annexure P-2) raising a solitary substantial objection that the said notice was in violation of the interim orders dated 28.04.2021 & 30.06.2021 passed by a Division Bench of this Court in CWP-PIL No.
77 of 2021, whereby the Bank / Financial Institutions were restrained from invoking such like action. The said objections were replied vide memo dated 29.07.2021 (Annexure P-3), hence the present petition challenging the said memo dated 29.07.2021 (P-3). DINESH KUMAR 2021.09.
C.W.P. No. 17866 of 2021 (O&M) -2At the time of hearing, Mr. Karanvir Hooda realizing firstly the true import of the referred orders of the said PIL, as also the present forum not being the appropriate remedy, thus, prays for permission to withdraw the petition to enable his client to seek her remedy in accordance with law. Permitted to do so.
Dismissed as withdrawn with the liberty, as prayed for. ( JASWANT SINGH ) JUDGE September 14, 2021 ( SANT PARKASH ) 'dk kamra'
JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2021.09.15 13:41 I attest to the accuracy and integrity of this document