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High Court of Punjab and HaryanaCWP/7060/2016disposed of

Neelam Goel & ORS v. Union Bank Of India

2016-04-12Mr. Justice M.M. Aggarwal,Mr. Justice Augustine George Masih2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.7060 of 2016 (O&M) DATE OF DECISION: 12.04.2016 Smt. Neelam Goel and others .....Petitioners versus Union Bank of India .....Respondent CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present: Mr. Aalok Jagga, Advocate for the petitioners ..

S.J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):

The petitioners apprehend that the respondent will take possession in purported exercise of powers under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, without following the due process of law. 2.

It is true that the impugned notice dated 08.04.2016 issued by the respondent states that officials and representatives of the bank "shall take or cause for taking possession of the secured assets wherever it may be situated/stored on the date and time mentioned below". The date and time mentioned is 12 noon on 18.04.2016. The notice does not indicate that the respondent would take forcible possession of the secured assets without following the due process of law. There is nothing to indicate that the respondent would physically oust the petitioners without following the due process of law.

3.

Indeed, the respondent would be entitled to take possession only in accordance with law. The petitioners state that PARKASH CHAND 2016.04.12 11:58 I attest to the accuracy and authenticity of this document

CWP-7060-2016 - 2 - the notice dated 09.02.2016 under Section 13(2) of the SARFAESI Act, referred to in the impugned notice dated 08.04.2016, has not been received by any of them. The petitioners have sought a copy thereof by their letter dated 09.04.2016. If the same is still not furnished by the respondent to the petitioners, the same would have its own effect on the respondent's rights.

4.

The petition is accordingly disposed of.

The petitioners are at liberty to serve a copy of this order upon the respondent.

Copy dasti under the signatures of the Bench Secretary. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE 12.04.2016 ( ARUN PALLI ) parkash* JUDGE PARKASH CHAND 2016.04.12 11:58 I attest to the accuracy and authenticity of this document