Anita vs M/S Tata Capital Housing Finance Ltd. ...
2023 Latest Caselaw 22602 P&H

Punjab-Haryana High Court

Anita vs M/S Tata Capital Housing Finance Ltd. ... on 22 December, 2023

Author: Lisa Gill

Bench: Lisa Gill

                                                   Neutral Citation No:=2023:PHHC:165535-DB




                                                2023:PHHC:165535-DB

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

108                                       CM-21533-CWP-2023 in/and
                                          CWP-7514-2023 (O&M)
                                          Date of Decision: 22.12.2023
ANITA
                                                        ... Petitioner
                     VERSUS

M/S TATA CAPITAL HOUSING FINANCE LTD. AND ORS

                                                        ....Respondents

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

Present:      Mr. Lokesh Sharma, Advocate
              for applicant-petitioner.

              Ms. Shimpy Sharma, Advocate
              for respondents No.1 and 3 (through Video Conferencing).

              Mr. Rajneesh Malhotra, Advocate
              for respondent No.2.

                            *****
LISA GILL, J.(Oral)

CM-21533-CWP-2023

Prayer in this application is for staying operation of order

dated 24.11.2023 passed by learned District Magistrate, Rohtak, under

Section 14 of Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act (SARFAESI Act), 2002.

Learned counsel for the parties are ad idem that hearing of

writ petition itself be pre-poned from 06.03.2024 to today.

Accordingly, at request and with consent of learned counsel

for the parties, hearing of CWP-7514-2023 is pre-poned from 06.03.2024

to today itself.

Application is accordingly disposed of.

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Neutral Citation No:=2023:PHHC:165535-DB

CM-21533-CWP-2023 in/and :2: 2023:PHHC:165535-DB CWP-7514-2023 (O&M)

CWP-7514-2023

1. Prayer in this writ petition is for quashing impugned

possession notice dated 01.03.2023 (Annexure P-23) issued under

Section 13(4) of SARFAESI Act by respondent No.3.

2. When learned counsel was faced with the question of

entertainability of this writ petition in view of judgment of Hon'ble the

Supreme Court in Phoenix ARC Private Limited Vs. Vishwa Bharati

Vidya Mandir and others, 2022 (5) SCC 345, it is submitted that

petitioner be permitted to withdraw this writ petition at this stage with

liberty to avail the remedy available to her in accordance with law.

3. Dismissed as withdrawn with liberty as aforementioned.

4. It is clarified that there is no expression of opinion on the

merits of the matter and petitioner is at liberty to raise all available pleas

before appropriate forum in accordance with law.

5. Pending applications, if any, also stand disposed of

accordingly.

(LISA GILL) JUDGE

(RITU TAGORE) JUDGE

22.12.2023 Rimpal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:165535-DB

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