Kirandeep Kaur vs Piramal Capital And House Finance ...
2023 Latest Caselaw 12197 P&H

CWP-11102-2022 2023: PHHC:102586-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(225) CWP-11102-2022
Date of Decision: 07.08.2023

Kirandeep Kaur ... Petitioner
Versus
Piramal Capital and House Finance Ltd. and others ...Respondents

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

Present: None for the petitioner.

Mr. Harsh Chopra, Advocate for respondents No.1 and 2.

aie 2 24s 24 LISA GILL, J (QRAL)

1. Prayer in this writ petition is for quashing notice dated

27.05.2021 (Annexure P-7 and P-8) issued by respondent No.1 under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') and notice dated 08.04.2022 (Annexure P-9 and P-10) under Section 13(4) read with Rule 8 and 9 of the SARFAESI Act.

2. Notice of motion was issued on 23.05.2022. It was further directed that subject to the petitioner depositing a sum of Rs.1,92,060/- towards loan account No.17800001261 and a further sum of Rs.71,020/- towards loan account No.17800005619 within two months and on continuing to make regular payments towards installment without default, no coercive steps be taken by the respondents against the petitioner.

3. Learned counsel for respondent points out that the amount in

MANPREET SINGH question has not been deposited and moreover, the respondent is a private

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MANPREET SINGH 2023.08.16 12:09

CWP-11102-2022 2023: PHHC:102586-DB

Non-Banking Financial Company, therefore, no ground is made out to interfere in this writ petition in exercise of jurisdiction under Article 226 of Constitution of India by this Court especially in view of judgment of the Hon'ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharti Vidya Mandir and others, 2022 (1) R.C.R. (Civil) 888. Furthermore, the petitioner has alternate efficacious remedy/remedies for redressal of her

grievance.

4. None has appeared on behalf of the petitioner. It seems that petitioner is not interested in pursuing the matter any longer.

5. In view of above, this writ petition is dismissed in default and for

non-prosecution.

(LISA GILL) JUDGE (RITU TAGORE) JUDGE August 07, 2023 Manpreet Whether speaking/reasoned Yes/No

Whether reportable : Yes/No

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