M/S Sri Ganpati Furniture And ANR. v. Punjab & Sind Bank And ANR.

CWP-19643-2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-19643-2016 Date of decision: 22.09.2016 M/s Sri Ganpati Furniture ..... Petitioner

Versus

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

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Sumer Bhalla, Advocate for the petitioner. AJAY KUMAR MITTAL, J. (ORAL) 1.

The petitioner has approached this Court under Articles 226/227 of the Constitution of India, inter alia seeking quashing of demand notice dated 18.04.2011 (Anexure P-2) 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'); possession notice dated 23.03.2012 (Annexure P-3) under Section 13(4) of the SARFAESI Act and order dated 04.03.2015 (Annexure P-4), passed by respondent No. 2 under Section 14 of the SARFAESI Act. 2.

The demand notice(s)/impugned order(s) are appealable under Section 17 of the SARFAESI Act. The issue in the petition requires to be adjudicated on the basis of factual matrix which is to be established by leading cogent and convincing evidence.

Rishu Kataria 2016.09.24 12:49 I attest to the accuracy and authenticity of this document

CWP-19643-2016 -23.

In view thereof, no ground to entertain this petition is made out. 4.

Dismissed.

( AJAY KUMAR MITTAL ) JUDGE September 22, 2016 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2016.09.24 12:49 I attest to the accuracy and authenticity of this document