M/S Guru Ashirwad Educational Foundation v. Punjab National Bank Ambala

CWP-22997-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-22997-2016 (O&M) Date of decision: 22.12.2016 M/s Guru Ashirwad Education Foundation and another ..... Petitioners

Versus

Punjab National Bank ..... Respondent

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. BS Chauhan, Advocate for the petitioners. Mr. Umang K. Khosla, Advocate for the respondent-Bank. AJAY KUMAR MITTAL, J. (ORAL) 1.

The petitioners have approached this Court under Article 226 of the Constitution of India, for issuance of a writ of Prohibition restraining the respondent-Bank from taking possession of residential house of the petitioners during the pendency of S.A. before the Debts Recovery, Tribunal, Chandigarh.

2.

Learned counsel for the petitioners submitted that during the pendency of the instant writ petition, the S.A. which has been filed by the petitioners before the Debts Recovery Tribunal-I, Chandigarh (for short 'the Tribunal') was dismissed in default. It was also not disputed that an application for restoration of the said S.A. is pending before the Tribunal for 17.01.2017.

Rishu Kataria 2017.01.10 12:56 I attest to the accuracy and authenticity of this document

CWP-22997-2016 (O&M) -23.

In view above, we dispose of the present writ petition, at this stage, without expressing any opinion on the merits of the controversy by directing the Tribunal to dispose of the application for restoration filed by the petitioners on 17.01.2017 or within one month from today, in accordance with law.

( AJAY KUMAR MITTAL ) JUDGE December 22, 2016 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2017.01.10 12:56 I attest to the accuracy and authenticity of this document