Punjab-Haryana High Court
Akshay And Another vs District Magistrate And Others on 19 March, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:039196-DB
2024:PHHC:039196-DB
210
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-942-2023
Date of Decision:- 19.03.2024
AKSHAY AND ANOTHER ....Petitioners
Vs.
DISTRICT MAGISTRATE AND OTHERS ...Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:- Mr. Virender Kumar, Advocate for petitioners.
Mr. Sukhdeep Parmar, Sr. DAG, Haryana.
Mr. K.P.S. Dhillon, Advocate for respondent Nos.2 and 3.
(Through V.C.)
*****
LISA GILL, J.
1. Prayer in this writ petition is for quashing notice dated 28.06.2022 (Annexure P-10) issued under Section 13 (2) Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') and order dated 29.11.2022 (Annexure P-14) issued by District Magistrate, Sonipat under Section 14 of SARFAESI Act.
2. After arguing for sometime, learned counsel for petitioners when faced with judgment of Hon'ble the Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharti Vidya Mandir and others, 2022 (1) RCR (Civil) 888 seeks to withdraw this writ petition with liberty to 1 of 2 ::: Downloaded on - 23-03-2024 07:27:58 ::: Neutral Citation No:=2024:PHHC:039196-DB CWP-942-2023 -2- petitioners to avail remedy (ies) available to them in accordance with law.
3. Dismissed as withdrawn with liberty as prayed for.
4. However, as interim order dated 17.01.2023 in favour of petitioners passed in this writ petition has continued till date, it is directed that said order shall enure for a period of 07 days from the date of receipt of certified copy of this order, in order to enable petitioners to avail appropriate remedy (ies) as may be available to them in accordance with law. Question of continuance or otherwise of interim order in petitioners' favour shall necessarily be in the realm of consideration by the appropriate Forum in accordance with law, without being influenced by any order, which may have been passed in this writ petition.
4. It is clarified that interim protection afforded to petitioners shall not enure beyond 07 working days in the absence of appropriate order by competent authority/Tribunal in accordance with law. There is no expression of opinion on merits of the matter.
4. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.
(LISA GILL) JUDGE (AMARJOT BHATTI) JUDGE 19.03.2024 snd Whether speaking/reasoned:-Yes/No. Whether reportable:-Yes/No 2 of 2 ::: Downloaded on - 23-03-2024 07:27:58 :::