Gulshan Kumar & Another v. State Bank Of India & Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 29764 of 2018 Decided on : 26.11.2018 Gulshan Kumar and another . . . Petitioner(s)

Versus

State Bank of India and another . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Ashwani Talwar, Advocate for the petitioner(s).

**** AJAY KUMAR MITTAL, J. (Oral) The prayer made in this writ petition filed under Article 226 of the Constitution of India, is for setting aside the possession notice dated 26.10.2018 (Annexure P-12) for immovable property on account of alleged issuance of a demand notice dated 08.08.2018 (Annexure P-8) under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short 'the Act'). A further prayer for restraining the respondents from taking any steps in terms of notice dated 26.10.2018 (Annexure P-12), has also been made.

2.

Learned counsel for the petitioners states that he may be allowed to withdraw the present writ petition with liberty to the petitioners to approach the respondent-Bank for regularization of the account or take recourse to the alternative remedies as may be available to them, in accordance with law. 3.

Dismissed as withdrawn. It shall, however, be open to the petitioners to take recourse to the remedies as are available with them, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (MANJARI NEHRU KAUL) JUDGE November 26, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2018.11.27 15:15 I attest to the accuracy and authenticity of this document Chandigarh