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High Court of Punjab and HaryanaCWP/21171/2016dismissed

M/S The Sirpur Paper Mills Ltd v. State Of Haryana And ORS

2016-10-17Mr. Justice Surinder Gupta,Mrs Justice Daya Chaudhary2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Writ Petition No.21171 of 2016 Date of Decision: October 17, 2016 M/s The Sirpur Paper Mills Ltd.

....Petitioner versus State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN *****

Present:

Mr. Amit Jain, Advocate for the petitioner.

Mr. Tajender K. Joshi, Advocate for the caveator-respondent-Bank.

***** AJAY KUMAR MITTAL, J. (Oral) 1.

The challenge in this petition filed under Articles 226/227 of the Constitution of India is to the order dated 12.09.2016 (Annexure P-9) passed by respondent No.2 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act') which is non-speaking, without affording opportunity of hearing and without considering reply/objections filed by the petitioner. Further a writ in the nature of mandamus has been sought for directing respondent No.2 to pass a well reasoned and speaking order after considering the reply filed by the petitioner on merits in accordance with law.

Sonia Kinra 2016.10.18 10:25 I attest to the accuracy and integrity of this document High Court, Chandigarh

Civil Writ Petition No.21171 of 2016 -2- ----- 2.

After arguing for sometime, learned counsel for the petitioner states that he may be allowed to withdraw the present writ petition. However, a prayer was made that liberty be granted to the petitioner to take recourse to the alternative remedies as may be available to it, in accordance with law.

3.

Dismissed as withdrawn. It shall, however, be open to the petitioner to take recourse to the remedies as may be available to it, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) October 17, 2016 JUDGE sonia gugnani Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No Sonia Kinra 2016.10.18 10:25 I attest to the accuracy and integrity of this document High Court, Chandigarh