M/S Devinder Egg And General Store And Another v. Punjab And Sind Bank And Another

CWP-17831-2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-17831-2016 Date of decision: 30.08.2016 M/s Devinder Egg and General Store and another ..... Petitioners

Versus

Punjab and Sind Bank and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Mayank Sharma, Advocate for the petitioners. AJAY KUMAR MITTAL, J. (ORAL) 1.

The petitioners have approached this Court under Articles 226/227 of the Constitution of India, inter alia seeking quashing of impugned notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act') and notice dated 27.07.2016 (Annexure P-2) whereby the respondents have appointed Enforcement Agency to take possession of the mortgaged property. The challenge is also to the notice dated 17.08.2016 (Annexure P-3) whereby the possession of the mortgaged property has been ordered to be taken from the Field Kanungo, with the help of local police.

2.

After hearing learned counsel for the petitioners and perusing the writ petition, we find that the petitioners have a remedy of filing its Rishu Kataria 2016.08.31 14:41 I attest to the accuracy and authenticity of this document

CWP-17831-2016 -2objections under sub-section (3-A) of Section 13 of the SARFAESI Act, which the petitioners have not done so far. Once notice under Section 13(2) of the SARFAESI Act itself has not been objected to by filing objections under sub-section (3-A) of Section 13 of the SARFAESI Act, we do not find any justification to entertain this writ petition. 3.

Dismissed.

( AJAY KUMAR MITTAL ) JUDGE August 30, 2016 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2016.08.31 14:41 I attest to the accuracy and authenticity of this document