M/S Dhanda Khad Bhandar vs District Magistrate, Panipat And ...
2023 Latest Caselaw 9054 P&H

RAJ KUMAR
2023.06.09 16:56

2023:PHHC:081841-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
106
CWP No.13354 of 2023
DATE OF DECISION : 9" JUNE, 2023

M/s Dhanda Khad Bhandar, Israna-Gohana Road, Panipat
...« Petitioner

Versus

District Magistrate, Panipat & others
.... Respondents

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
HON'BLE MR. JUSTICE GURBIR SINGH

3K OK OK
Present: | Mr. Raghav Sharma, Advocate for petitioner.
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RAJBIR SEHRAWAT, J. (Oral)

1. The petitioner has filed this petition under Articles 226/227

of the Constitution of India for issuance of writ in the nature of mandamus directing respondents No.3 to 5 to allow the petitioner to deposit the overdue interest/installment in the CC limit and restructure the account and till then respondent-Bank be restrained from taking possession or selling the only residential house-cum-chop of the petitioner; and also for setting aside the order passed by the District Magistrate dated 17.04.2023 (Annexure P-2); along with certain other prayers.

2. It is not even in dispute that the basic order passed against the petitioner is appealable under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Therefore, this Court does not find it appropriate to entertain the present writ petition.

3. Dismissed.

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RAJ KUMAR 2023.06.09 16:56

CWP No.13354 of 2023 2023:PHHC:081841-DB

4. However, the petitioner shall be at liberty to avail his

alternate remedy of appeal, in accordance with law.

(RAJBIR SEHRAWAT) JUDGE th (GURBIR SINGH) ad UNE, 2023 JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

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