Punjab-Haryana High Court
M/S Sheokand Bricks Company And Another vs Union Bank Of India And Another on 18 March, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:038198-DB
2024:PHHC:038198-DB
137
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-6378-2024
Date of Decision: 18.03.2024
M/s Sheokand Bricks Company and another
..... Petitioners
Versus
Union Bank of India and another
..... Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present: Mr. Balwinder Singh Chahal, Advocate
for the petitioners.
Mr. Gaurav Goel, Advocate
for respondent No. 1-Bank.
****
LISA GILL, J.(oral)
1. Prayer in this writ petition is for setting aside notice dated 19.02.2024 (Annexure P-6) issued by respondent-Bank.
2. S.A. No. 181 of 2023, whereby petitioners challenged possession notice dated 17.08.2023 which was earlier issued, was rendered infructuous and thus withdrawn on 11.09.2023 (Annexure P-5). Notice dated 19.02.2024 was issued by respondent No. 1-Bank again for E-auction which was to be held on 14.03.2024 has been challenged in the present writ petition.
3. Auction slated to be held on 14.03.2024, it is submitted, did not fructify.
4. Learned counsel for respondent-Bank submits that present writ petition whereby challenge is to notice dated 19.02.2024, apart from not being entertainable in view of judgments of Hon'ble the Supreme Court in Union Bank of India v. Satyawati Tandon and others, 2010(8) SCC 1 of 2 ::: Downloaded on - 25-03-2024 20:38:22 ::: Neutral Citation No:=2024:PHHC:038198-DB CWP-6378-2024 -2- 110 and M/s South Indian bank Ltd. and others v. Naveen Mathew Philip and another, 2023(2) RCR (Civil) 771, is in any case rendered infructuous with the auction not being successful pursuant to impugned notice. There is merit in the said submission.
5. Writ petition is accordingly disposed of as infructuous. In case, petitioners are aggrieved of any further action taken by respondent- Bank under SARFAESI Act, they are at liberty to avail remedy(ies) available to them under SARFAESI Act.
6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.
(LISA GILL) JUDGE (AMARJOT BHATTI) JUDGE 18.03.2024 lalit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2 of 2 ::: Downloaded on - 25-03-2024 20:38:22 :::