Uco Bank vs State Of Punjab And Others
2023 Latest Caselaw 15482 P&H

                                                    Neutral Citation No:=2023:PHHC:118377-DB




CWP-19843-2023                                                               1

                                                   2023:PHHC:118377-DB


       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

141
                                                     CWP-19843-2023
                                                     Date of decision: 11.09.2023.
UCO BANK
                                                                  ...... Petitioner
                               V/S

STATE OF PUNJAB AND OTHERS
                                                                 ..... Respondents

CORAM : HON'BLE MRS. JUSTICE LISA GILL
        HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:   Mr. K.P.S.Dhillon, Advocate for the petitioner.

           Mr. Sandeep jain, Additional A.G. Punjab.

           Mr. Nayandeep Rana, Advocate for respondents No.2 and 3.


                               ****

LISA GILL J. (ORAL)

1. The petitioner - UCO Bank has filed this petition seeking

direction to respondent Nos.2 and 3 to decide its representation dated

26.06.2023 (Annexure P-7).

2. It is submitted that a departmental charge has been created on

secured assets duly mortgaged in favour of the petitioner-Bank in violation

of provision of the Recovery of Debts and Bankruptcy Act, 1993,

Securitization and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (SARFAESI Act) besides judgment of Hon'ble

the Supreme Court in M/s Kamla Engg. & Steel Industries, Ludhiana vs.

Punjab National Bank, Ludhiana and others 2021(1) R.C.R.(Civil) 66.

Therefore, in this factual matrix, representation dated 26.06.2023

(Annexure P-7) was submitted by the petitioner before the respondents but

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no action thereon has been taken.

3. Keeping in view the limited prayer as addressed before us, this

writ petition is disposed of with a direction to the competent authority to

decide representation dated 26.06.2023 (Annexure P-7) within a period of

six weeks from the date of receipt of certified copy of this order.

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

merits of the matter.

(LISA GILL ) JUDGE

(AMARJOT BHATTI ) JUDGE 11.09.2023.

Sunil Devi


                      Whether speaking/reasoned:       Yes/No
                      Whether Reportable:              Yes/No

Neutral Citation No:=2023:PHHC:118377-DB

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