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High Court of Punjab and HaryanaCWP/17648/2020dismissed

M/S Shivangi Knitwears v. Uco Bank And ORS

2020-12-01Mr. Justice Jitendra Chauhan,Mr. Justice Vivek Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-17648-2020 Date of decision: 01.12.2020 M/S SHIVANGI KNITWEARS AND ANR.

...PETITIONERS

VERSUS

UCO BANK AND ORS.

...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN HON'BLE MR. JUSTICE VIVEK PURI

Present:

Mr. Sandeep Jain, Advocate for the petitioners.

Mr. Gaurav Goel, Advocate for respondent Nos.1 to 4.

Mr. Sahil Sharma, DAG, Punjab for respondent Nos.5 and 6.

**** JITENDRA CHAUHAN ,J. (ORAL) The matter has been taken up through Video Conferencing in the light of Pandemic COVID-19 situation and as per instructions. Prayer in the instant Civil Writ petition filed under articles 226/227 of the Constitution of India is for issuance of a writ in the nature of mandamus directing respondent Nos.1 to 4 not to take the possession of only residential house of the petitioner and for grant of one more year to clear the settled loan amount with respondent No.4.

While issuing notice of motion, this Court had passed the following order on 29.10.2020:- "The matter has been taken up through video conferencing in the light of the pandemic COVID-19 situation and as per instructions.

States that the petitioner undertakes to deposit the RENU BALA 2020.12.04 15:43 I attest to the accuracy and integrity of this document entire amount on or before 30.11.2020. In case, he is

CWP-17648-2020 -2unable to clear the dues as per the undertaking, he further undertakes to hand over the premises to respondent No.4.

Notice of motion for 01.12.2020.

Till the next date of hearing, no coercive steps be taken against the petitioner".

Learned counsel for respondent Nos.1 to 4 states that the amount ordered to be deposited vide order dated 29.10.2020 and in pursuance of the undertaking made at Bar by the learned counsel for the petitioner on 29.10.2020, no amount has been paid.

Considering the facts that neither the amount has been deposited by the petitioner nor the premises have been handed over to respondent No.4, as per the undertaking, the present writ petition is dismissed. (JITENDRA CHAUHAN) (VIVEK PURI) JUDGE JUDGE 01.12.2020 renubala Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No RENU BALA 2020.12.04 15:43 I attest to the accuracy and integrity of this document