Punjab-Haryana High Court
Harjit Kaur And Others vs Hdfc Ltd And Ors on 3 April, 2024
Author: Lisa Gill
Bench: Lisa Gill
106+203 2024:PHHC:044900-DB IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-5106-C WP-2024 with CM-5107-CWP-2024 in/and CWP-17322-2022 (O&M) Date of Decision: 03.04.2024 HARJIT KAUR AND OTHERS 2 ----Cslia Petitioner(s) Versus HDFC LTD.AND OTHERS 4... Respondent(s) CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Ankit Kaushal, Advocate for petitioners. Ms. Maninee, Advocate for Mr. Shekhar Verma, Advocate for respondents no.1 and 2 (through video conferencing). Mr. Munish Gupta, Advocate for respondent no.3. 3B OK 2 3 LISA GILL, J.
1. Prayer in this writ petition is for quashing notice dated 01.06.2022 (Annexure P-7) issued under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) and to direct respondents no.1 and 2 to consider the insurance claim raised by petitioners.
2. Admittedly, petitioner has filed SA No.155/2022, which is pending adjudication as of now for 22.07.2024. Complaint under Sections 35 and 38 of Consumer Protection Act filed by petitioner no.1 has admittedly been filed before learned District Consumer Disputes Redressal Commission, Amritsar.
SUNIL 2024.04.09 11:45 | attest to the accuracy and authenticity of this document CWP-17322-2022 (O&M) -2-
3. In view thereof and judgments of Hon'ble the Supreme Court in M/s South Indian Bank Limited and others vs. Naveen Mathew Philip and others, 2023 (2) R.C.R. (Civil) 771 and Union Bank of India Vs. Satyawati Tandon and others (Supra), we do not find any ground to interfere in this writ petition at this stage.
4. Writ petition is accordingly dismissed with liberty to petitioners to pursue their remedy before learned Debt Recovery Tribunal and District Consumer Disputes Redressal Commission, Amritsar as already availed by them. There is no expression of opinion on the merits of matter.
5. Pending miscellaneous application(s), if any, stand(s) disposed of accordingly.
(LISA GILL) JUDGE (AMARJOT BHATTI) JUDGE 03.04.2024 Sunil Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SUNIL 2024.04.09 11:45 | attest to the accuracy and authenticity of this document