Jyoti Devi vs Bank Of Baroda Alias Dena Bank
2021 Latest Caselaw 1019 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

110 +217                               CWP No.2153 of 2021 (O&M)
                                       Decided on 10.03.2021

Jyoti Devi                                                 ..........Petitioner

                   VERSUS

Bank of Baroda Alias Dena Bank                             ...Respondents


CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
        HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:-    Mr.Abhinav Aggarwal, Advocate, for the petitioner.

             Mr.Umang Khosla, Advocate, for the respondent.

AJAY TEWARI, J. (ORAL)

1. The present writ petitions have been filed by the petitioner under

Article 226/227 of the Constitution of India for issuance of a writ in the

nature of Certiorari quashing the undated Demand Notice (Annexure P-1) &

Possession Notice under Section 13(4) of Securitization and Reconstruction

of Financial Assets and Enforcement of Security Interest Act, 2002 dated

21.01.2021 (Annexure P-3 and P-4) issued by respondent bank and for

directing the bank not to initiate further proceedings against the petitioner and

not to harass the petitioner in any manner.

2. On 3rd March, 2021, the following order was passed:

"Learned counsel for the respondent states that actually an amount of Rs.20 lakh is payable. Counsel for the petitioner states that an amount of Rs.4 lakhs was paid till 15.02.2021 and seeks one more opportunity to deposit further an amount of Rs.2 Lacs.

On request one more opportunity is granted. Adjourned to 10.03.2021.

In the meantime, reply be also filed, if any"

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3. Today, again there is a request for grant of sometime on behalf of

petitioner to deposit amount.

4. In view of the above, we deem it appropriate to dismiss the present

writ petition in view of the judgment passed by the Supreme Court in the case

of Authorized Officer, State Bank of Travancore and Another Vs. Mathew

K.C. AIR 2018 SC 676.

5. Since the main case has been dismissed, the pending Civil

Miscellaneous Application, if any, also stands disposed of.

(AJAY TEWARI) JUDGE

(RAJESH BHARDWAJ) JUDGE 10.03.2021 anil

Whether speaking/reasoned Yes/No Whether reportable Yes/No

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