M/S Sheokand Bricks Company And Another vs Union Bank Of India And Another
2024 Latest Caselaw 6117 P&H

Punjab-Haryana High Court

M/S Sheokand Bricks Company And Another vs Union Bank Of India And Another on 18 March, 2024

Author: Lisa Gill

Bench: Lisa Gill

                                    Neutral Citation No:=2024:PHHC:038198-DB



                                                                2024:PHHC:038198-DB
137
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               CWP-6378-2024
                                               Date of Decision: 18.03.2024

M/s Sheokand Bricks Company and another
                                                                    ..... Petitioners
                Versus
Union Bank of India and another
                                                                  ..... Respondents

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

Present:        Mr. Balwinder Singh Chahal, Advocate
                for the petitioners.

                Mr. Gaurav Goel, Advocate
                for respondent No. 1-Bank.

                             ****

LISA GILL, J.(oral)

1. Prayer in this writ petition is for setting aside notice dated

19.02.2024 (Annexure P-6) issued by respondent-Bank.

2. S.A. No. 181 of 2023, whereby petitioners challenged

possession notice dated 17.08.2023 which was earlier issued, was rendered

infructuous and thus withdrawn on 11.09.2023 (Annexure P-5). Notice

dated 19.02.2024 was issued by respondent No. 1-Bank again for E-auction

which was to be held on 14.03.2024 has been challenged in the present writ

petition.

3. Auction slated to be held on 14.03.2024, it is submitted, did

not fructify.

4. Learned counsel for respondent-Bank submits that present writ

petition whereby challenge is to notice dated 19.02.2024, apart from not

being entertainable in view of judgments of Hon'ble the Supreme Court

in Union Bank of India v. Satyawati Tandon and others, 2010(8) SCC

1 of 2

Neutral Citation No:=2024:PHHC:038198-DB

110 and M/s South Indian bank Ltd. and others v. Naveen Mathew

Philip and another, 2023(2) RCR (Civil) 771, is in any case rendered

infructuous with the auction not being successful pursuant to impugned

notice. There is merit in the said submission.

5. Writ petition is accordingly disposed of as infructuous. In

case, petitioners are aggrieved of any further action taken by respondent-

Bank under SARFAESI Act, they are at liberty to avail remedy(ies)

available to them under SARFAESI Act.

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

accordingly as well.

(LISA GILL) JUDGE

(AMARJOT BHATTI) JUDGE 18.03.2024 lalit

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

2 of 2