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High Court of Punjab and HaryanaCWP/19461/2018dismissed

Subhash Chand v. District Magistrate Palwal And ANR

2018-08-06Mr. Justice R.C. Kathuria (Retd.),Ms. Justice Ritu Bahri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 19461 of 2018 Decided on : 06.08.2018 Subhash Chand . . . Petitioner(s)

Versus

District Magistrate, Palwal and another . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Rakesh Sobti, Advocate for the petitioner(s).

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking quashing of the orders dated 27.12.2017 & 30.03.2017 (appended as Annexure P-6 & P-7), issued by the District Magistrate, Palwal and also the notices issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Act, 2002 (in short 'the Act'), dated 31.01.2017 and 28.06.2018 (appended as Annexures P-5 & P-8). A further prayer for directing the respondent(s) not to take possession of the building/house or stay the order dated 27.12.2017 7 30.03.2017 (Annexure P-6 & P7) & notice dated 31.01.2017 (Annexure P-5), during the pendency of the present petition, has been made. Besides above, a prayer has also been made for issuing the direction to respondent No.2 for ascertaining the amount of `23,30,595/-, mentioned in the impugned order(s) & notice(s), without capitalizing the penal interest in view of the judgment passed by the Apex Court in Central Bank Vs. Ravindra & Ors, AIR 2001 3095.

2.

After arguing for sometime, learned counsel for the petitioner states that he may be allowed to withdraw the present writ petition with liberty to the Jawala Ram 2018.08.07 14:42 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 19461 of 2018 - 2 - petitioner to take recourse to the remedies as may be available to him, 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Dismissed as withdrawn.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 him, in accordance with law. (AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE August 06, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2018.08.07 14:42 I attest to the accuracy and authenticity of this document Chandigarh