Mohinder Singh And ANR. v. Hdfc Bank And ANR.

CM-11920-CWP-2017 in/and CWP-18721-2017 (O&M) -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-11920-CWP-2017 in/and CWP-18721-2017 (O&M) Date of Decision: August 31, 2017 Mohinder Singh and another .....Petitioners

Versus

HDFC Bank and another ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.P.S.Miglani, Advocate for the petitioner.

Mr.R.M.Suri, Advocate for the respondents-Bank. ........

SURYA KANT, J.

CM-11920-CWP-2017 Application is allowed subject to all just exceptions. Annexures P/8 and P/9 are taken on record.

CM stands disposed of.

CWP-18721-2017 Learned counsel for the respondents-Bank states that since the order passed by Debts Recovery Appellate Tribunal, Delhi, in Misc.Appeal No.60/16 (Vikram Bakshi vs HDFC etc.) has been stayed by the Hon'ble Delhi High Court and this Court otherwise has held that proceedings before Meenu 2017.09.05 16:06 I attest to the accuracy and authenticity of this document chandigarh DRT are maintainable as soon as the notice under Section 13(4) of the

CM-11920-CWP-2017 in/and CWP-18721-2017 (O&M) -2SARFAESI Act, 2002 is issued, he has no objection if the impugned order passed by DRT-III, Chandigarh, dated 05.04.2017 (Annexure P-5) is set aside and the case is remitted to DRT-III to decide the SA on merits. [2] Ordered accordingly.

[3] The impugned order dated 05.04.2017 is set aside and DRT-III, Chandigarh is directed to decide the SA filed by the petitioners on merits and in accordance with law.

[4] Parties are directed to appear before DRT-III, Chandigarh on 18.09.2017.

[5] Disposed of.

( SURYA KANT ) JUDGE August 31, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.09.05 16:06 I attest to the accuracy and authenticity of this document chandigarh