Roshan Lal Mittal And Ors vs State Bank Of India And Anr
2023 Latest Caselaw 11801 P&H

CWP-5059-2022 (O&M) 2023:PHHC:100553-DB 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(238) CWP-5059-2022 (O&M)
Date of Decision: 03.08.2023

Roshan Lal Mittal and others ...Petitioners
Versus

State Bank of India and another ...Respondents

CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE RITU TAGORE

Present: Mr. Harshit Anand, Advocate for Mr. Aalok Jagga, Advocate for the non-applicant/petitioners.

Mr. Ashish Rawal, Advocate and Mr. Aarav Gupta, Advocate for respondent No.2.

2h 3K 2 2 LISA GILL, J (QRAL)

1. Petitioners have filed this writ petition challenging notice dated

11.12.2020 (Annexure P-6), 26.03.2021 (Annexure P-9) under Section 13 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') by respondent No.2 and order dated 20.04.2021 (Annexure P-10) passed by Deputy Commissioner-cum-District Magistrate, Chandigarh on the ground that there is violation of Section 26-D of Securitisation Act, 2002.

2. Learned counsel for respondent while referring to communication dated 08.06.2022 (Annexure R-1/1) from the bank to the petitioner submits that this writ petition is rendered infructuous as notice dated 11.12.2020 under Section 13 (2) of SARFAESI Act, was withdrawn on 26.05.2022. Revised notice under Section 13 (2) of the SARFAESI Act had been issued on 26.05.2021. Furthermore, it is clearly stated in the said communication that

MANPREET SINGH

fattest to the accurah@tice under Section 13 (2) of SARFAESI Act was rendered infructuous and

authenticity of this order/judgment

MANPREET SINGH 2023.08.10 10:07

CWP-5059-2022 (O&M) 2023:PHHC:100553-DB 2

thus withdrawn. The corrigendum notice regarding withdrawal of notice under Section 13 (4) of SARFAESI Act was published in two newspapers and that revised notice under Section 13 (4) of SARFAESI Act would be issued in due course.

3. In view of above, learned counsel for the petitioner is unable to deny that this writ petition is rendered infructuous.

4. Writ petition is accordingly dismissed as infructuous. Needless to say that petitioner would be at liberty to avail remedy/remedies as may be available to them under the SARFAESI Act for challenging any subsequent

proceedings initiated by the bank.

5. Pending miscellaneous application, if any, stand disposed of. (LISA GILL) JUDGE (RITU TAGORE)

JUDGE

August 03, 2023

Manpreet

Whether speaking/reasoned Yes/No

Whether reportable : Yes/No

| attest to the accuracy and authenticity of this order/judgment