Punjab-Haryana High Court
M/S Palwinder Knitwear And Others vs State Of Punjab And Others on 3 April, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:044834-DB
CWP-29409-2022 -1-
2024:PHHC:044834-DB
207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-29409-2022
Date of Decision:- 03.04.2024
M/S PALWINDER KNITWEAR AND OTHERS
....Petitioners
Vs.
STATE OF PUNJAB AND OTHERS ...Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:- Mr. Shivam Grover, Advocate for the petitioners.
Mr. H.S. Deol, Sr. DAG, Punjab.
Mr. S.K. Dhir, Advocate for respondent.
*****
LISA GILL, J.
1. Prayer in this writ petition is for quashing notice dated
06.07.2022 (Annexure P-3) issued by Tehsildar, Ludhiana (South) pursuant
to order under Section 14 of Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (for short
'SARFAESI Act') by District Magistrate, Ludhiana and all subsequent
proceedings arising therefrom.
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Neutral Citation No:=2024:PHHC:044834-DB
2. Notice of motion was issued in this writ petition on
20.12.2022 with a direction that subject to petitioners depositing a sum of
Rs.2 lakhs within four weeks, petitioners shall not be dispossessed from
secured assets. Said amount, it is submitted, was deposited. However,
learned counsel for petitioners when faced with judgments of Hon'ble the
Supreme Court in Union Bank of India v. Satyawati Tandon and
others, 2010 (8) SCC 110 and M/s South Indian Bank Ltd. and others v.
Naveen Mathew Philip and another, 2023(2) RCR (Civil) 771 seeks to
withdraw this writ petition with liberty to petitioners to avail remedy (ies)
available to them in accordance with law. However, it is submitted that
interim order dated 20.12.2022 may be directed to be continued till
culmination of proceedings which petitioners would undertake within next
15 days before learned Debts Recovery Tribunal.
3. Writ petition is accordingly dismissed as withdrawn with
liberty to petitioners to avail remedy (ies) available to them in accordance
with law.
4. As interim order dated 20.12.2022 in favour of petitioners has
continued till date, it is directed that said order shall enure for a period of
15 days from the date of receipt of certified copy of this order, in order to
enable petitioners to avail appropriate remedy (ies) as may be available to
them in accordance with law. Question of continuance or otherwise of
interim order in petitioners' favour shall necessarily be in the realm of
consideration by the appropriate Forum/Tribunal in accordance with law,
without being influenced by any order, which may have been passed in this
writ petition.
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Neutral Citation No:=2024:PHHC:044834-DB
5. It is clarified that interim protection afforded to petitioners
shall not enure beyond 15 working days in the absence of appropriate order
by competent authority/Tribunal in accordance with law. There is no
expression of opinion on merits of the matter.
6. Pending miscellaneous application(s), if any, stand disposed of
accordingly as well.
(LISA GILL)
JUDGE
(AMARJOT BHATTI)
JUDGE
03.04.2024
snd
Whether speaking/reasoned: Yes/No.
Whether reportable: Yes/No
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