High CourtsDivision Bench(2020) 11 P&H CK 0115

Charanjit Singh vs Punjab And Sind Bank And Another

Punjab And Haryana At Chandigarh · Decided on 26 November 2020

HON’BLE JUDGES
S. Muralidhar, J · Avneesh Jhingan, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 20158 Of 2020

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Judgment

13 paragraphs · 253 words

Dr. S. Muralidhar, J

1.

There are two main prayers in the present writ petition. As regards the first prayer, which concerns the quashing of the notice dated 21st June,

2019 issued under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the

possession notice dated 28th October, 2020 issued by the Respondent/Bank, the Court leaves it open to the Petitioner to approach the Debts Recovery

Tribunal for appropriate relief in that regard.

2.

The second prayer is for issuing a direction to the Respondents to permit the Petitioner to collect his belongings from the property described in the

impugned possession notice.As regards this prayer, after hearing learned counsel for the parties, the Court deems it appropriate to direct the

Respondent Nos. 1 and 2 to permit the Petitioner to collect his movable belongings from the premises described in the possession notice i.e. Property

built in land measuring 5M-8S existing in two title deeds i.e. 1. Vasika No.5139, dated 10th December, 2015, Bahi No.1, ZILD No.4141- page No.14-

4M-4S and 2ndVasika No. 5140, dated 10th December, 2015, Bahi No. 4141 Page No.15-1M-1S comprised of Khewat No.58/52, Khatauni No.98,

Khasra No.116/2, 116/1 Min, 116/1 Min, 116/3 and 116/4 HB No.310 Village Jain, P.O. Bassi Kalan, Tehsil and District Hoshiarpur, on 27th

November, 2020 at 3:00 P.M. An inventory of the items collected by the Petitioner shall be prepared and be signed by both the parties.

3.

The petition is disposed of in above terms.