S. V. Exports vs Union Of India And Ors
2023 Latest Caselaw 14715 P&H

                                                      Neutral Citation No:=2023:PHHC:114749-DB




                                                 2023:PHHC:114749-DB
104+235      IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                            CWP-1336-2021 (O&M)
                                            Date of Decision: August 31, 2023

S. V. EXPORTS                                                  ...... Petitioner

                                  Versus

UNION OF INDIA AND ORS                                         ..... Respondents

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

Present:     Mr. Akhilesh Vyas, Advocate for the petitioner.

             Mr. Vipul Dharmani, Advocate for respondents No. 3 and 4.
                           ****


LISA GILL, J.

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

13.10.2020 (Annexure P2) under Section 13(2) of Securitization and

Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002 (for short - 'SARFAESI Act') as well as notice dated 29.12.2020

(Annexure P10) under Section 13(4) of SARFAESI Act.

2. Faced with the factum of petitioner's earlier writ petition i.e.

CWP-21026-2020 being dismissed as premature on 10.12.2020 while

leaving it open to the petitioner to avail statutory remedy as available to it in

accordance with law, besides the fact that relief claimed is qua - HDB

Financial Services Ltd., which is admittedly a private Non-Banking

Financial Institution and writ petition is in the teeth of the judgment of

Hon'ble the Supreme Court in Phoenix ARC Private Limited versus

Vishwa Bharti Vidya Mandir and others, 2022 (1) RCR (Civil)

888, learned counsel for the petitioner submits that he may be permitted to

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Neutral Citation No:=2023:PHHC:114749-DB

CWP-1336-2021(O&M) -2-

withdraw this writ petition with liberty to the petitioner to approach learned

Debt Recovery Tribunal in accordance with law alongwith necessary

application for condonation/ exclusion of period of delay, if any, and may be

protected till then.

3. Perusal of the file reveals that interim order operating in favour

of the petitioner was passed on 21.01.2021 by co-ordinate Bench. Keeping

in view the facts and circumstances as above, this writ petition is dismissed

as withdrawn with liberty to the petitioner to avail its statutory remedy in

accordance with law within the said period. Interim order in petitioner's

favour shall enure till the next fifteen (15) days and not a day later. Question

of condonation/exclusion of period of delay as well as question of

continuance of interim order would be entirely in the realm of consideration

of learned Debt Recovery Tribunal, which would decide the same in

accordance with law without being influenced in any manner by the interim

order earlier passed in this writ petition.

4. Pending application(s), if any, stand(s) disposed of.

                                                               (LISA GILL)
                                                                 JUDGE




                                                              (RITU TAGORE)
August 31, 2023                                                  JUDGE
rts

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

Neutral Citation No:=2023:PHHC:114749-DB

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