Anil Kumari v. Dept Recovery Tribunal Ii, Chandigarh And Others

CWP NO.17545-2020 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP NO.17545-2020 Date of Decision: 29.01.2021 ANIL KUMARI ....PETITIONER..

Versus

DEBT RECOVERY TRIBUNAL-II CHANDIGARH AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH Present : Mr. Rohit Chandel, Advocate, for the petitioner.

Mr. J.S. Bagga, Advocate, for respondent No.2.

Ms. Shruti Jain Goyal, DAG, Haryana.

**** JASWANT SINGH , J.(Oral) (The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court) The guarantor-petitioner is before this Court, seeking quashing of the order dated 13.10.2020 passed by the Debts Recovery Tribunal-II, Chandigarh, whereby, her application moved under Section 17 of the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short' "Act"), was dismissed on the ground that the physical possession of the mortgaged property had not been assumed.

It transpires that subsequently not only the symbolic possession by the bank has been taken but order for taking physical possession was also passed by the District Magistrate, Faridabad, under Section 14 of SONIKA 2021.02.01 14:29 I attest to the accuracy and authenticity of this document Chandigarh

CWP NO.17545-2020 --2-- the Act.

Learned counsel for the petitioner in the light of certain developments prays for permission to withdraw the present writ petition. Dismissed as withdrawn.

(JASWANT SINGH) JUDGE (SANT PARKASH) JUDGE 29.01.2021 sonika whether speaking/reasoned: Yes/No whether reportable:

Yes/No SONIKA 2021.02.01 14:29 I attest to the accuracy and authenticity of this document Chandigarh