M/S Gupta Rice Mill And Another vs Authorized Officer State Bank Of India ...

Citation : 2024 Latest Caselaw 6586 P&H
Judgement Date : 22 March, 2024

Punjab-Haryana High Court

M/S Gupta Rice Mill And Another vs Authorized Officer State Bank Of India ... on 22 March, 2024

Author: Lisa Gill

Bench: Lisa Gill

                                 Neutral Citation No:=2024:PHHC:041924-DB




                                                        2024:PHHC:041924-DB

113
      IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH

                           CWP-6976-2024
                           Date of Decision:- 22.03.2024

M/S GUPTA RICE MILL AND ANOTHER
                                                                    ....Petitioners

                   Vs.

AUTHORIZED OFFICER STATE BANK OF INDIA AND OTHERS
                                            ...Respondent

CORAM:- HON'BLE MRS. JUSTICE LISA GILL
        HON'BLE MS. JUSTICE AMARJOT BHATTI


Present:-    Ms. Jyoti Sareen, Advocate for the petitioners.
             Mr. Rakshit Gupta, Advocate for respondent.

                   *****

LISA GILL, J.

1. Prayer in this writ petition is for quashing e-auction of sole residential house of petitioner No.2 and letter dated 07.03.2024 issued by respondent No.3 besides an opportunity to redeem the property in question.

2. Admittedly, SA No.164 of 2024 filed by petitioners challenging the auction notice is pending before learned Debts Recovery Tribunal-II, Chandigarh ('DRT').

3. Learned counsel for petitioner when faced with judgment of Hon'ble the Supreme Court in Union Bank of India vs. Satyawati Tandon and others, 2010 (8) SCC 110 and M/s South Indian Bank Ltd. and others vs. Naveen Mathew Philip and others, 2023 (2) R.C.R. (Civil) 771 submits that petitioners be permitted to withdraw this writ petition with liberty to raise all available pleas before learned DRT.

1 of 2 ::: Downloaded on - 23-03-2024 16:33:15 ::: Neutral Citation No:=2024:PHHC:041924-DB CWP-6976-2024 -2-

4. Writ petition is, accordingly, dismissed as withdrawn with liberty as aforementioned.

5. It is clarified that there is no expression of opinion on the merits of the matter.

6. Pending miscellaneous application(s), if any, stand disposed of accordingly.

(LISA GILL) JUDGE (AMARJOT BHATTI) JUDGE 22.03.2024 sunil devi Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 23-03-2024 16:33:16 :::