Akshay And Another vs District Magistrate And Others
2024 Latest Caselaw 6243 P&H

Punjab-Haryana High Court

Akshay And Another vs District Magistrate And Others on 19 March, 2024

Author: Lisa Gill

Bench: Lisa Gill

                              Neutral Citation No:=2024:PHHC:039196-DB




                                                      2024:PHHC:039196-DB
210

      IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH

                         CWP-942-2023
                         Date of Decision:- 19.03.2024

AKSHAY AND ANOTHER                                          ....Petitioners
             Vs.
DISTRICT MAGISTRATE AND OTHERS                              ...Respondents

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

Present:-   Mr. Virender Kumar, Advocate for petitioners.

            Mr. Sukhdeep Parmar, Sr. DAG, Haryana.

            Mr. K.P.S. Dhillon, Advocate for respondent Nos.2 and 3.
            (Through V.C.)

            *****

LISA GILL, J.

1. Prayer in this writ petition is for quashing notice dated

28.06.2022 (Annexure P-10) issued under Section 13 (2) Securitization

and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 (for short 'SARFAESI Act') and order dated 29.11.2022

(Annexure P-14) issued by District Magistrate, Sonipat under Section 14 of

SARFAESI Act.

2. After arguing for sometime, learned counsel for petitioners

when faced with judgment of Hon'ble the Supreme Court in Phoenix

ARC Private Limited vs. Vishwa Bharti Vidya Mandir and others, 2022

(1) RCR (Civil) 888 seeks to withdraw this writ petition with liberty to

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Neutral Citation No:=2024:PHHC:039196-DB

petitioners to avail remedy (ies) available to them in accordance with law.

3. Dismissed as withdrawn with liberty as prayed for.

4. However, as interim order dated 17.01.2023 in favour of

petitioners passed in this writ petition has continued till date, it is directed

that said order shall enure for a period of 07 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 in accordance with law, without being influenced by any order,

which may have been passed in this writ petition.

4. It is clarified that interim protection afforded to petitioners

shall not enure beyond 07 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.

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

accordingly as well.

(LISA GILL) JUDGE

(AMARJOT BHATTI) JUDGE 19.03.2024 snd Whether speaking/reasoned:-Yes/No. Whether reportable:-Yes/No

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