Bindu Kapoor And Another v. Indiabulls Housing Finance Pvt. Ltd And Another

In the High Court for the States of Punjab and Haryana at Chandigarh CRM-M-28435-2026 (O&M) Date of Decision:- 19.05.2026 Bindu Kapoor and another ... Petitioners

Versus

Indiabulls Housing Finance Ltd. and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Gurmohan Singh Bedi, Advocate with Mr. Pawandeep Singh, Advocate and Ms. Ambika Bedi, Advocate, for the petitioners. ***** SUBHAS MEHLA , J. (Oral) 1.

The instant petition has been filed under Section 528 of BNSS seeking directions to the learned Trial Court at Gururgam, Haryana that a common personal bail bond and surety already furnished in NACT-333312022 be executed and considered for all the 29 cases filed under Section 138 of Negotiable Instruments Act, 1881.

2.

Learned counsel for the petitioner submitted the petitioner has moved an application under Section 480 of BNSS before the learned trial Court, Gurugram for compliance of the directions issued by this Court vide order dated 02.04.2026 passed in CRM-M-16302-2026 for considering the surety given by the applicants/petitioners in NACT-33331-2022. He submitted that earlier he had approached this Court by filing a petition bearing No.CRM-M-16302-2026 seeking same relief, as is prayed in the present petition, which was disposed of with liberty to the petitioners to approach the learned trial Court and raise all the pleas taken in such petition before this Court. Accordingly, petitioners approached learned trial Court on GEETA RANI 2026.05.20 17:37 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh

CRM-M-28435-2026 (O&M) ( 2 ) the same date by moving applications under Section 480 of BNSS in four complaint cases i.e. NACT-48056, 48058, 48069, 48078 of 2022. Learned trial Court, in defiance of the directions of this Court without considering the contentions raised in the applications, released the petitioners on bail subject to the stringent condition of furnishing bail bonds in sum of Rs.10,00,000/- with one surety in the like amount in each complaint. Petitioners neither have financial resources to execute separately such surety and personal bonds in each case nor they are able to arrange separate local sureties in Gurugram for each case as they are permanent residents of Maharashtra. Learned counsel placed reliance upon judgment of Hon'ble Supreme Court in Girish Gandhi Vs. The State of Uttar Pradesh and others' 2024 INSC 617, decided on 22.08.2024.

3.

Heard.

4.

Keeping in view the submissions made by learned counsel for the petitioners, this petition is disposed of with a direction to the petitioners to move an appropriate application before the learned trial Court and the trial Court shall pass a speaking order after considering the factual matrix of the case, especially qua the fact that the complaints in question are pending adjudication before different Courts, in accordance with law laid down in case of Girish Gandhi (supra) decided by the Hon'ble Supreme Court. 5.

Ordered accordingly.

( SUBHAS MEHLA ) 19.05.2026 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2026.05.20 17:37 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh