Punjab-Haryana High Court
Raj Kumari vs India Bulls Housing Loan And Others on 13 December, 2023
Author: Lisa Gill
Bench: Lisa Gill
CWP No.27250 of 2023 (O&M) -1-
2023:PHHC:159513-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.27250 of 2023 (O&M)
Date of Decision: 13.12.2023
Raj Kumari
ieee Petitioner(s)
Versus
Indiabulls Housing Loan and others
beees Respondent(s)
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE RITU TAGORE
Present: Mr. A.P.S. Sandhu, Advocate and
Mr. Ashish Kaushik, Advocate
for petitioner.
Mr. Rajeev Anand, Advocate
for respondent no.1.
3B KK
LISA GILL, J.
1. Prayer in this writ petition is for quashing notice dated
22.02.2023 (Annexure P-8) under Section 13(2) of Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 (hereinafter referred to as the SARFAESI Act); notice dated
25.10.2023 (Annexure P-10) under Section 13(4) of SARFAESI Act, as well
as further proceedings initiated under SARFAESI Act by respondent- no.1.
2. Learned counsel for petitioner submits that loan in question was
taken by petitioner's husband in October 2018 from respondent no.1 i.e.
Indiabulls Housing Finance. Said loan was insured by respondent no.2-
HDFC Standard Life Insurance Company. Eighteen installments were
deposited by petitioner's husband till April 2020 but he unfortunately passed
away on 19.04.2020. Insurance claim was repudiated by respondent no.2
sun Statedly in an illegal and arbitrary manner, leading to filing of complaint
2023.12.18 12:27
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SUNIL
dated 29.04.2021 (Annexure P-4) by petitioner before District Consumer
Redressal Commission, Amritsar. In the meanwhile, loan account was
declared Non Performing Assets (NPA) and proceedings under SARFAESI
Act were initiated by respondent no.1.
3. When faced with the question of entertainability of this writ
petition, especially in the light of judgment of Hon'ble the Supreme Court in
Phoenix ARC Private Ltd. Vs. Vishwa Bharati Vidya Mandir and others,
2022 AIR (SC) 1045, learned counsel for petitioner submits that he would
restrict his prayer in this writ petition for a direction to learned District
Consumer Redressal Commission, Amritsar for expeditious disposal of
petitioner's complaint, which is listed for final disposal on 06.02.2024. It is
further submitted that petitioner be afforded liberty to avail statutory remedy
available to her for challenging proceedings under SARFAESI Act.
4. Keeping in view the facts and circumstances as above, this writ
petition is disposed of with liberty to petitioner to avail the statutory
remedy(ies) available to her in accordance with law for challenging the
proceedings under SARFAESI Act initiated against her. Learned District
Consumer Redressal Commission, Amritsar is requested to finally adjudicate
upon the complaint (Annexure P-4), filed by petitioner on 06.02.2024 and if
not possible for any reason, within a period of four weeks thereafter.
(LISA GILL)
JUDGE
(RITU TAGORE)
JUDGE
13.12.2023
Sunil
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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