Punjab-Haryana High Court
Buta Singh And Another vs District Magistrate Cum Deputy ... on 31 August, 2023
MANPREET SINGH
2023.08.31 18:23
CWP-9431-2023 (O&M) 2023:PHHC:114185-DB 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(275) CWP-9431-2023 (O&M)
Date of Decision: 31.08.2023
Buta Singh and another ...Petitioners
Versus
District Magistrate-cum-Deputy Commissioner, Karnal and others
...Respondents
CORAM: HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE RITU TAGORE
Present: Mr. Parminder Singh, Advocate
for the petitioners.
Mr. Keerti Sandhu, Advocate and
Mr. Jatin Bansal, Advocate
for respondents No.2 and 3.
3 2 ie ok
LISA GILL, J (QRAL)
1. Prayer in this writ petition is for setting aside order dated
14.01.2022 (Annexure P-3) under Section 14 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002, issued by District Magistrate, Karnal.
2. Learned counsel for the parties submits that during pendency of
this writ petition, matter has been resolved between the parties. It is submitted
that apart from demand draft of Rs.2,00,000/- which stood deposited with
learned Registrar General, demand draft dated 30.08.2023, for a sum of
Rs.1,50,000/- has been handed over to learned counsel for respondents and it
is undertaken by petitioners that remaining amount of Rs.50,000/- shall be
deposited by petitioners within 15 days. Photocopy of demand draft dated
30.08.2023 filed in Court, is taken on record subject to just exceptions.
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authenticity of this order/judgment
MANPREET SINGH
2023.08.31 18:23
CWP-9431-2023 (O&M) 2023:PHHC:114185-DB 2
3. It is further undertaken by petitioners that in case demand draft
deposited with learned Registrar General is returned to them, they would have
it re-validated and submitted with the respondents, within one week thereafter.
It is further agreed that petitioners would continue to regularly deposit the
installments as and when they fall due. Furthermore, in case there are two
consecutive defaults on the part of petitioners, respondents would be entitled
to revive the proceedings under the SARFAESI Act from the position as on
today. It is submitted that writ petition is thus rendered infructuous.
4. Keeping in view the facts and circumstances and the settlement
as above, writ petition is disposed of as infructuous. Demand draft of
Rs.2,00,000/- deposited with learned Registrar General be returned
immediately to petitioners on adequate proof of identity for its onward
submission with respondents after revalidation of the same within a period of
10 days thereafter.
5. Pending miscellaneous applications, if any, stand disposed of
accordingly.
(LISA GILL)
JUDGE
(RITU TAGORE)
JUDGE
August 31, 2023
Manpreet
Whether speaking/reasoned --:: Yes/No
Whether reportable : Yes/No
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authenticity of this order/judgment
