Harjit Kaur And Others vs Hdfc Ltd And Ors
2024 Latest Caselaw 7017 P&H

Punjab-Haryana High Court

Harjit Kaur And Others vs Hdfc Ltd And Ors on 3 April, 2024

Author: Lisa Gill

Bench: Lisa Gill

106+203 2024:PHHC:044900-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CM-5106-C WP-2024 with
CM-5107-CWP-2024 in/and
CWP-17322-2022 (O&M)
Date of Decision: 03.04.2024

HARJIT KAUR AND OTHERS 2 ----Cslia Petitioner(s)
Versus
HDFC LTD.AND OTHERS 4... Respondent(s)

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

Present: Mr. Ankit Kaushal, Advocate
for petitioners.

Ms. Maninee, Advocate for
Mr. Shekhar Verma, Advocate
for respondents no.1 and 2 (through video conferencing).

Mr. Munish Gupta, Advocate
for respondent no.3.

3B OK 2 3

LISA GILL, J.

1. Prayer in this writ petition is for quashing notice dated 01.06.2022 (Annexure P-7) issued under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) and to direct respondents no.1 and 2 to consider the insurance claim raised by petitioners.

2. Admittedly, petitioner has filed SA No.155/2022, which is pending adjudication as of now for 22.07.2024. Complaint under Sections 35 and 38 of Consumer Protection Act filed by petitioner no.1 has admittedly been filed

before learned District Consumer Disputes Redressal Commission, Amritsar.

SUNIL

2024.04.09 11:45

| attest to the accuracy and authenticity of this document

CWP-17322-2022 (O&M) -2-

3. In view thereof and judgments of Hon'ble the Supreme Court in M/s South Indian Bank Limited and others vs. Naveen Mathew Philip and others, 2023 (2) R.C.R. (Civil) 771 and Union Bank of India Vs. Satyawati Tandon and others (Supra), we do not find any ground to interfere in this writ petition at this stage.

4. Writ petition is accordingly dismissed with liberty to petitioners to pursue their remedy before learned Debt Recovery Tribunal and District Consumer Disputes Redressal Commission, Amritsar as already availed by

them. There is no expression of opinion on the merits of matter.

5. Pending miscellaneous application(s), if any, stand(s) disposed of accordingly.

(LISA GILL) JUDGE (AMARJOT BHATTI)

JUDGE 03.04.2024 Sunil

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

SUNIL

2024.04.09 11:45

| attest to the accuracy and authenticity of this document