High Court of Punjab and HaryanaCWP/16811/2018disposed of

State Bank Of India v. State Of Haryana & ORS

2018-09-06Mr. Justice R.C. Kathuria (Retd.),Ms. Justice Ritu Bahri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 16811 of 2018 Decided on : 06.09.2018 State Bank of India . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Gaurav Goel, Advocate, for the petitioner.

Mr. Ayuwan Singh, Asstt. AG, Haryana.

Mr. Anand Chhibbar, Sr. Advocate with Mr. Vaibhav Sahni, Advocate for respondents No. 6 to 8.

Mr. Sourabh Goel, Advocate for respondents No.9 to 11.

Mr. Kanwaljit Singh, Sr. Advocate with Mr. Abhinav Aggarwal, Advocate for respondents No. 12 & 13.

**** AJAY KUMAR MITTAL, J. (Oral) The prayer made in this writ petition filed under Articles 226/227 of the Constitution of India, is for seeking direction to respondents No.1 to 5 to take over the actual physical possession of the mortgaged properties as described in the notice dated 30th October, 2015 (Annexure P-1) issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the Act') and handover the same to the petitioner Bank in terms of the order dated 05.04.2006 (Annexure P-3) passed by the District Magistrate, Panchkula.

Learned counsel for respondents No.9 to 11 submitted that on 28th August, 2018, an amount of ` 2.00 Crore in the form of various drafts/cheques in JAWALA RAM 2018.09.07 16:27 I attest to the accuracy and authenticity of this document Chandigarh terms of orders dated 02nd and 20th August, 2018 were handed over to Sh. Amarjit

CWP No. 16811 of 2018 - 2 - Sehgal, Chief Manager of the petitioner Bank. He prayed that the said amount of ` 2.00 Crore may be returned to respondents No.10 & 11 in the shape of two demand drafts of ` 1.00 Crore each in favour of Smt. Amiti Gupta W/o Sh. Rajinder Kumar Gupta and Mr. Rajinder Gupta, petitioners No.10 & 11, respectively, residents of H. No. 315, Sector 9, Panchkula, who stood as guarantors of the aforesaid loans. Ordered accordingly. It was, however, stated that on the payment of ` 2.00 Crore, as noted above, respondent No.9 shall have no claim, whatsoever, against the Bank. Learned counsel for respondents No. 9 to 11 further states that the keys and the physical possession of the houses has been handed over to Sh. Amarjit Sehgal, Chief Manager of petitioner Bank, in the Court today. The Chief Manager of the petitioner Bank states that respondents No.9 to 11 shall be entitled to remove the household articles by tomorrow till 5:00 P.M. 3.

In view of the above, learned counsel for the petitioner states that the present writ petition has been rendered infructuous and may be disposed of as such.

Ordered accordingly.

(AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE September 06, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2018.09.07 16:27 I attest to the accuracy and authenticity of this document Chandigarh