Simerjit Singh And Another vs Tata Capital Housing Finance Ltd
2023 Latest Caselaw 19030 P&H

                                                          Neutral Citation No:=2023:PHHC:140308-DB




CWP-24463-2023(O&M)              1             2023:PHHC:140308-DB

107        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH

                                                  CWP-24463-2023(O&M)
                                                  Date of Decision: 03.11.2023


Simerjit Singh and another                                    ...Petitioners

                                      Versus

Tata Capital Housing Finance Ltd.                             ...Respondent



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

Present:     Ms. Janya Sirohi, Advocate for the petitioners.

             Mr. Arman Roop Sharma, Advocate
             for the respondent (through video conferencing).

                   ****

LISA GILL, J (ORAL)

1. Prayer in this writ petition is for setting aside notice dated

13.12.2022 under Section 13(2) and notice dated 07.03.2023 (Annexure P-1)

under Section 13 (4) of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 (for short

'SARFAESI Act') issued by the respondent-Bank and notice dated

28.09.2023 issued by Tehsildar ordering possession of the mortgaged

property for today i.e. 03.11.2023.

2. Learned counsel for the petitioners when faced with the

question of maintainability 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 (1) R.C.R. (Civil) 888, seeks to

withdraw this writ petition with liberty to petitioners to approach the

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Neutral Citation No:=2023:PHHC:140308-DB

CWP-24463-2023(O&M) 2 2023:PHHC:140308-DB

respondent-Bank for redressal of their grievance in accordance with law, as

may be acceptable to the Bank.

3. Writ petition is accordingly dismissed as withdrawn with liberty

to the petitioners to avail remedy/remedies as may be available to them in

accordance with law as well as to pursue the matter with respondent-Bank

for any mutually acceptable settlement of the account.

4. Pending miscellaneous applications, if any, stand disposed of

accordingly.

(LISA GILL) JUDGE

(RITU TAGORE) JUDGE November 03, 2023 sunita

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

Neutral Citation No:=2023:PHHC:140308-DB

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