M/S Bharat Crockery vs Bank Of India And Ors
2023 Latest Caselaw 19072 P&H

CWP-16215-2022 (O&M) 2023: PHHC:140242-DB 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(209) CWP-16215-2022 (O&M)
Date of Decision: 03.11.2023

M/S Bharat Crockery ...Petitioner
Versus

Bank of India ...Respondent

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

Present: Mr. Sajan, Advocate for Mr. Parveen Chauhan, Advocate for the petitioner.

Mr. Gaurav Goel, Advocate and Mr. Tarlok, Advocate for the respondent-Bank.

eK

LISA GILL, J (ORAL)

1. Prayer in this writ petition is for setting aside notice dated 25.05.2021 (Annexure P-1) under Section 13 (2), notice dated 29.03.2022 (Annexure P-2) under Section 13 (4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') as well as sale notice dated 24.06.2022 (Annexure P-4) issued by the respondent-Bank.

2. Learned counsel for respondent-Bank on instructions from Mr. Kamal Goel, Senior Manager, submits that this writ petition is rendered

infructuous as account of petitioner has been settled and closed.

MANPREET SINGH 2023.11.06 18:22

I attest to the accuracy and authenticity of this order/judgment

CWP-16215-2022 (O&M) 2023: PHHC:140242-DB 2

3. There is a written request on behalf of learned arguing counsel for the petitioner. Learned counsel appearing on behalf of the petitioner submits that he does not have any instructions in this regard.

4. Be that as it may, we do not find any justification for continuance of present proceedings in view of categoric statement made by learned counsel for the respondent-Bank.

5. Writ petition is disposed of as infructuous without expressing any opinion on the merits of the matter with liberty to petitioner to move an appropriate application within four weeks in case any incorrect fact/s

has/have been placed before us.

6. Pending miscellaneous applications, if any, stand disposed of accordingly.

(LISA GILL) JUDGE (RITU TAGORE) JUDGE November 03, 2023 Manpreet Whether speaking/reasoned Yes/No

Whether reportable : Yes/No

MANPREET SINGH 2023.11.06 18:22

I attest to the accuracy and authenticity of this order/judgment