Vivek Goenka v. Hdb Financial Service Limited

CWP-21763-2021 (O&M) 2023:PHHC:140828-DB 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (204) CWP-21763-2021 (O&M) Date of Decision: 06.11.2023 Vivek Goenka

...Petitioner

Versus

HDB Financial Service Limited

...Respondent

CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE RITU TAGORE

Present:

Mr. Ankush Verma, Advocate for Mr. N.K. Verma, Advocate for the petitioner.

Mr. Puru Gupta, Advocate for Mr. Vipul Dharmani, Advocate and Mr. Naval Kishore, Law Officer for the respondent.

**** LISA GILL, J (ORAL) 1.

Prayer in this writ petition is for setting aside notice dated 23.09.2021 (Annexure P-12) under Section 13 (4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') issued by the respondent-Bank. There is further prayer for directing respondent-Bank to restructure/regularize the account of petitioner in view of guidelines issued by Reserve Bank of India and to accept the amount under OTS policy of the respondent-Bank.

MANPREET SINGH 2023.11.10 13:51 I attest to the accuracy and authenticity of this order/judgment

CWP-21763-2021 (O&M) 2023:PHHC:140828-DB 2 2.

Learned counsel for petitioner submits that this writ petition is rendered infructuous as petitioner's account has been settled and closed with 'No Due Certificate' being issued.

3.

Learned counsel for respondent-Bank verifies and affirms the above said fact.

4.

In view of categoric statement made by learned counsel for the petitioner, writ petition is disposed of as infructuous without expression of any opinion on merits of the matter.

5.

Pending miscellaneous applications, if any, stand disposed of accordingly.

(LISA GILL) JUDGE (RITU TAGORE) JUDGE November 06, 2023 Manpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MANPREET SINGH 2023.11.10 13:51 I attest to the accuracy and authenticity of this order/judgment