Citation : 2024 Latest Caselaw 6586 P&H
Judgement Date : 22 March, 2024
Neutral Citation No:=2024:PHHC:041924-DB
2024:PHHC:041924-DB
113
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-6976-2024
Date of Decision:- 22.03.2024
M/S GUPTA RICE MILL AND ANOTHER
....Petitioners
Vs.
AUTHORIZED OFFICER STATE BANK OF INDIA AND OTHERS
...Respondent
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:- Ms. Jyoti Sareen, Advocate for the petitioners.
Mr. Rakshit Gupta, Advocate for respondent.
*****
LISA GILL, J.
1. Prayer in this writ petition is for quashing e-auction of sole
residential house of petitioner No.2 and letter dated 07.03.2024 issued by
respondent No.3 besides an opportunity to redeem the property in question.
2. Admittedly, SA No.164 of 2024 filed by petitioners challenging
the auction notice is pending before learned Debts Recovery Tribunal-II,
Chandigarh ('DRT').
3. Learned counsel for petitioner when faced with judgment of
Hon'ble the Supreme Court in Union Bank of India vs. Satyawati Tandon and
others, 2010 (8) SCC 110 and M/s South Indian Bank Ltd. and others
vs. Naveen Mathew Philip and others, 2023 (2) R.C.R. (Civil) 771 submits
that petitioners be permitted to withdraw this writ petition with liberty to raise
all available pleas before learned DRT.
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Neutral Citation No:=2024:PHHC:041924-DB
4. Writ petition is, accordingly, dismissed as withdrawn with liberty as
aforementioned.
5. It is clarified that there is no expression of opinion on the merits of
the matter.
6. Pending miscellaneous application(s), if any, stand disposed of
accordingly.
(LISA GILL) JUDGE
(AMARJOT BHATTI) JUDGE 22.03.2024 sunil devi
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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