Punjab-Haryana High Court
M/S Shree Krishna Auto Care Pvt. Ltd vs Indian Bank And Ors on 14 December, 2023
Author: Lisa Gill
Bench: Lisa Gill
CWP-20694-2021 (O&M),
CWP-20943-2021 (O&M) and
CWP-20760-2021 (O&M) -1-
PHHC:DB-1@0€ 90-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(1). CWP-20694-2021 (O&M)
Date of Decision: 14.12.2023
M/S. SHREE KRISHNA AUTO CARE PVT. LTD.
veeees Petitioner(s)
Versus
INDIAN BANK AND OTHERS
ieee Respondent(s)
(2). CWP-20760-2021 (O&M)
SUMAN YADAV ae Petitioner(s)
Versus
STATE OF HARYANA AND OTHERS ----____......... Respondent(s)
(3). CWP-20943-2021 (O&M)
M/S. SHRI VINAYAK MANUFACTURING & TRADING CO.
bases Petitioner(s)
Versus
STATE OF HARYANA AND OTHERS ----____......... Respondent(s)
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE RITU TAGORE
Present: Mr. R.S. Bhatia, Advocate
for petitioner in CWP-20694-2021.
Mr. Akram Hussain, Advocate for
Mr. Mahir Sood, Advocate
for the petitioner/s in CWP Nos.20760 and 20943 of 2021 and
for respondents no.2 to 5 in CWP-20694-2021.
Mr. Deepak Grewal, DAG, Haryana.
Mr. Sumit Batra, Advocate
for respondents/Bank.
ie 2 2k 24s 24
SUNIL
2023.12.20 14:32
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SUNIL
CWP-20694-2021 (O&M),
CWP-20943-2021 (O&M) and
CWP-20760-2021 (O&M) -2-
LISA GILL, J.(ORAL)
1. At request and with consent of learned counsel for parties, all
the above three writ petitions are taken up together for adjudication and
decision. Challenge in all the writ petitions is to sale notice dated
07.09.2021.
2. CWP No. 20694 of 2021 has been filed by petitioner claiming
to be a tenant of mortgaged property. Tenancy was created vide registered
lease deed dated 27.03.2009. Financial facility was availed of on the said
property at a subsequent stage in August, 2016 by respondents no.2 and 3
i.e. M/s. Vinayak Manufacturing and Trading Company and M/s. Radhey
Krishna Transport Carrier Company.
3. CWP 20943-2021 has been filed by one of borrowers i.e. M/s.
Vinayak Manufacturing & Trading Company for setting aside sale notice
dated 7" of September, 2021.
4. CWP-20760-2021 has been filed by proprietor of M/s. Radhey
Krishna Transport Carrier Company for setting aside same sale notice.
5. It is the common case of all petitioners that these writ petitions
were filed at a time when concerned Debt Recovery Tribunal (for short
DRT) was not functional as Presiding Officer had not been appointed.
Petitioner in CWP-20694-2021 has admittedly filed SA No.188/2021,
which is listed for hearing on 04.01.2024 before learned Debt Recovery
Tribunal-II, Chandigarh. It is undeniable that all petitioners have efficacious
remedy provided under Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred
to as the SARFAESI Act) itself to challenge the proceedings under
2023.12.20 14:32
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SUNIL
CWP-20694-2021 (O&M),
CWP-20943-2021 (O&M) and
CWP-20760-2021 (O&M) -3-
SARFAESI Act initiated against them. Notice of motion had been issued in
these writ petitions while directing that though auction in question may go
on but finalization thereof would remain stayed till the next date of hearing.
6. It is settled position that in such like matters interference by the
High Court has to be minimal in exercise of jurisdiction under Article 226
of the Constitution of India. Gainful reference in this regard can be made to
judgments of Hon'ble the Supreme Court in Union Bank of India vs.
Satyawati Tandon and others, 2010(8) SCC 110, Varimadugu Obi Reddy
v. B. Sreenivasulu and others, 2023(1) R.C.R. (Civil) 34, M/s South
Indian Bank Ltd. and others v. Naveen Mathew Philip and another,
2023(2) RCR (Civil) 771.
7. In the present writ petitions, it is the case of petitioners
themselves that filing of present writ petitions was necessitated as
concerned DRT was not functional. Admittedly, as of now DRT is
functional. In this view of the matter, all three writ petitions are disposed of
with liberty to petitioners in CWP-20694-2021 to pursue its SA No.188 of
2021, stated to be pending before learned DRT-II, Chandigarh. It is
expected that application for interim relief, which may have been
filed/which may be filed by petitioners, would be decided on 04.01.2024
and if not possible on said date, at least within one week thereafter.
Petitioners in other two writ petitions are at liberty to avail the
remedy/remedies available to them in accordance with law for redressal of
grievances as raised in these writ petitions.
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CWP-20694-2021 (O&M),
CWP-20943-2021 (O&M) and
CWP-20760-2021 (O&M) 4.
8. CWP-20694-2021, CWP-20943-2021 and CWP-20760-2021
are disposed of accordingly.
9. Photocopy of this order be placed on the file of above
mentioned connected cases.
(LISA GILL)
JUDGE
(RITU TAGORE)
14.12.2023 JUDGE
Sunil
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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