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High Court of Punjab and HaryanaCWP/26360/2022disposed of

Om Parkash And Another v. State Bank Of India And ORS

2022-11-21Mr. Justice M.S. Ramachandra Rao,Mrs. Justice Sukhvinder Kaur2 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-26360-2022 Date of Decision: 21.11.2022 Om Parkash and another . . . . Petitioners Vs.

State Bank of India and others . . . . Respondents **** CORAM: HON'BLE MR JUSTICE M.S. RAMACHANDRA RAO HON'BLE MRS JUSTICE SUKHVINDER KAUR **** Present: - Mr.D.K. Gupta, Advocate, for the petitioners. **** M.S. RAMACHANDRA RAO, J. (ORAL) Notice of motion.

Mr.Gaurav Goel, Advocate, accepts notice on behalf of respondent No.1/Bank.

The grievance of the petitioners in this Writ Petition is that the petitioners have filed SA-66-2022 before the DRT-III, Chandigarh challenging the action initiated under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by respondent No.1/Bank; that they have also sought interim relief in the said application to stay further proceedings by respondent No.1 under the SARFAESI Act, 2002 qua the property of petitioner No.1; that the said application was filed in March 2022, but the same is still pending consideration before respondent No.6 and in the meantime respondent No.1 is trying to take physical possession of the said property from petitioner No.1. Counsel for respondent No.1/Bank contends that since the petitioner has approached respondent No.6, respondent No.6 be directed to decide SA-66-2022 expeditiously.

VIVEK PAHWA 2022.11.21 17:09 I attest to the accuracy and integrity of this document

CWP-26360-2022 -2Having regard to the said submissions, this Writ Petition is disposed of directing respondent No.6 to decide the interim reliefs sought in SA-66-2022 as expeditiously as possible preferably within two months from the date of receipt of copy of this order and till the said interim reliefs sought in SA-66-2022 are decided, the petitioners shall not be dispossessed from the property in question by respondent No.1/Bank. (M.S. RAMACHANDRA RAO) JUDGE 21.11.2022  (SUKHVINDER KAUR) JUDGE   

             VIVEK PAHWA 2022.11.21 17:09 I attest to the accuracy and integrity of this document