Gurkirat Singh Dhanoa And ORS v. Punjab National Bank And ORS

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (138) CWP-17267-2026 Date of decision:- 29.05.2026 GURKIRAT SINGH DHANOA AND ORS ... Petitioners

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PUNJAB NATIONAL BANK AND ORS ... Respondents

-2CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Gaurav Mohunta, Senior Advocate with Mr. Gaurav Gogna, Advocate and Mr. Pratyush Sood, Advocate, Mr. Nishant Arora, Advocate for the petitioners.

Mr. Harsh Garg, Advocate (THROUGH V.C.) for the respondents-Bank.

Mr. P.S.Guliani, Advocate for the borrowers.

**** SUVIR SEHGAL, J. (ORAL) 1.

This singular order shall dispose of all the above noted writ petitions, as they involve similar facts.

2.

Pursuant to the previous order passed by this Court, Mr. Mohunta has placed on record a printout of order dated 26.05.2026 passed by the DRTI, Chandigarh and states that notice in SA has been issued for 09.06.2026. 3.

Mr. Guliani, counsel for the borrowers has filed an affidavit of Paras Narang the owner-cum-borrower of the secured asset. The relevant extract of the affidavit is reproduced hereunder:- "2.

That the deponent alongwith Hemant Narang are owner of Commercial land and Building of Cold Storage, Hotel/ Banquet and rented showroom situated at G.T.Road, Village Paragpur NH-1 Tehsil and Distt. Jalandhar Hadbast No. 225, comprised in Khewat No.291/292, Khatauni No.359/360, Khasra No.241 (9-8), 948/242(2-11) as per jamabandi for the year 2022-22. The deponent undertakes to hand over the physical possession of Double storey Banquet Hall namely Gracias Banquet hall and whole of front of the plot in question abutting the main GT Road except the service lane to the cold storage alongwith full rights/authority for taking over possession or vacation of the showroom which is under the tenancy of Marwaha Autos, to the

-3respondent bank within one week from today. 3.

That the deponents further undertakes to hand over the physical vacant possession of the remaining plot i.e. cold storage and service lanes in question to the respondent bank by 20th of November 2026 or pay the entire outstanding amount to the bank."

4.

Mr. Mohunta has informed the Court that more than one lakh bags of potato seeds are stored in the cold storage and season for sowing potato seeds will start in the middle of September, 2026. A request has been made that Bank be restrained from taking over possession of cold storage till then. 5.

Request has been opposed by counsel for the Bank, who is assisted by Mr. Harish Parihar, Branch Manager, Asset Recovery Branch, Punjab National Bank, Jalandhar, who is available on virtual platform. It has been submitted that borrower defaulted in the loan payment right from the beginning and more than Rs.33 crore is outstanding. Counsel for the Bank submits that handing over of the part possession of the secured asset would not serve any purpose as Bank would not be able to sell it in auction to recover its outstanding dues.

6.

Counsel for the parties have been heard.

7.

In terms of the undertaking given by the borrower(s), they are directed to hand over the physical possession of the banquet hall as well as the showroom, which is under tenancy of Marwaha Autos to the bank within a period of one week from today. In so far as the possession of the cold storage is concerned, borrower shall hand it over to the Bank on 01.10.2026 after the bags of potato seed have been shifted.

8.

Mr. Mohunta assures that all the bags belonging to the petitioners shall be lifted before 30.09.2026. Borrower shall also ensure that besides the

-4bags belonging to the petitioners, all other bags shall also be shifted from cold storage before handing over its possession to the Bank. 9.

It is made clear that in case borrowers deposit the entire outstanding before 01.10.2026, they shall not be liable to hand over the physical possession of the secured asset to the Bank.

10.

With the above direction, all the petitions are disposed of. (SUVIR SEHGAL) JUDGE ( VIKAS SURI ) JUDGE 29.05.2026 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No