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High Court of Punjab and HaryanaCWP/16476/2016dismissed

M/S Neha Pharmaceutical Pvt. Ltd. And ANR. v. Uco Bank And ORS.

2017-02-22Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

-1Civil Writ Petition No.16476 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Writ Petition No.16476 of 2016 Date of decision: 22.02.2017 M/s Neha Pharmaceutical & Food Industry Pvt. Ltd and another ....Petitioners versus UCO Bank Branch Ogli (Kala Aam) and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Vivek Goyal, Advocate, for the petitioners. Mr. K.P.S. Dhillon, Advocate, for respondents No.1 and 2. Mr. R.K.S. Brar, Addl. A.G., Haryana.

****** AJAY KUMAR MITTAL, J.

(Oral) 1.

This writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari for quashing the notice dated 20.01.2016 (Annexure P-1) under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'SARFAESI Act') and for quashing the notice dated 14.07.2016 (Annexure P-2) under Section 13(4) of the Act whereby symbolic possession of the dwelling house of the petitioners has been taken by the respondent-bank and now the respondentbank wants to take the physical possession of the house in question. Further prayer has been made for directing the respondent-bank not to take physical possession of the house in question and not to auction the same as the petitioners are ready to pay the pending amount. Ravinder Singh 2017.02.23 12:42 I attest to the accuracy and authenticity of this document

-2Civil Writ Petition No.16476 of 2016 2.

Learned counsel for the petitioners states that he may be allowed to withdraw the present writ petition with liberty to the petitioners to avail the alternate remedy, as may be available to them in accordance with law.

3.

Dismissed as withdrawn. It shall, however, be open to the petitioners to take recourse to the remedies as may be available to them, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) February 22, 2017 JUDGE R.S.

Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No Ravinder Singh 2017.02.23 12:42 I attest to the accuracy and authenticity of this document