M/S Holy Faith Educational And ... vs Punjab National Bank And Ors
2023 Latest Caselaw 15029 P&H

CWP-3074-2020 (O&M) 2023:PHHC:116327-DB 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(203) CWP-3074-2020 (O&M)
Date of Decision: 04.09.2023

M/S Holy Faith Educational and Welfare Society ...Petitioner
Versus

Punjab National Bank and others ...Respondents

CORAM: HON'BLE MRS. JUSTICE LISA GILL

HON'BLE MRS. JUSTICE RITU TAGORE Present: None for the petitioner.

Mr. Gaurav Goel, Advocate and

Mr. Ashuthosh Dhankar, Advocate for the respondent-Bank.

ok 36 ok LISA GILL, J (ORAL)

1. Prayer in this writ petition is for setting aside e-auction sale

notice dated 28.01.2019 (Annexure P-5) issued by respondent-Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. Notice of motion was issued in this writ petition by Coordinate Bench on 06.02.2020. It was directed that subject to the petitioner depositing a sum of Rs.15,00,000/- with the respondent-Bank within four weeks therefrom, operation of the impugned notice dated 28.01.2019 (Annexure P-5) would remain stayed. It was further clarified that in case the amount as above is not deposited within the stipulated period, interim order would cease to operate. None has appeared on behalf of the petitioner thereafter.

3. Learned counsel for respondent-Bank informs that the amount in

terms of order dated 06.02.2020 was never deposited. Thereafter, a proposal

MANPREET SINGH 2023.09.12 17:43

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

CWP-3074-2020 (O&M) 2023:PHHC:116327-DB 2

for One Time Settlement (OTS) submitted by the petitioner was rejected on 13.08.2023 as the amount being offered was on the lower side. The petitioner was advised to enhance the OTS offer.

4. Learned counsel for respondent bank further submits that present writ petition is not maintainable with the petitioner being a resident of Himachal Pradesh and the loan also having been taken from a branch of the bank at Himachal Pradesh.

5. It is again to be noted that none has been appearing on behalf of the petitioner after issuance of notice of motion. Today again, despite the matter being called twice none appears on behalf of the petitioner. It appears that petitioner is not interested in pursuing the matter any longer as such writ

petition is dismissed in default and for non-prosecution.

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

(LISA GILL) JUDGE (RITU TAGORE)

JUDGE September 04, 2023 Manpreet

Whether speaking/reasoned --:: Yes/No

Whether reportable : Yes/No

MANPREET SINGH 2023.09.12 17:43

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