Punjab-Haryana High Court
Saroj Bala vs Piramal Capital And Housing Finance Ltd ... on 2 May, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:061777-DB
2024:PHHC:0601777-DB
109 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-3104-2024
Date of Decision: May 02, 2024
SAROJ BALA ..... Petitioner
Versus
PIRAMAL CAPITAL AND HOUSING FINANCE LTD AND ANR.
..... Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Rajesh Tushar, Advocate for the petitioner.
Mr. Nitin Grover, Advocate for the respondents (through VC).
****
LISA GILL, J.
1. Prayer in this writ petition is for setting aside order dated
05.12.2023 (Annexure P6) passed by learned Chief Judicial Magistrate,
Chandigarh under Section 14 of Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (for short - 'SARFAESI
Act') and notice dated 25.01.2014 (Annexure P7) seeking possession of property
in question.
2. Availing of financial credit by petitioner from Dewan Housing
Finance Corporation Ltd., which was thereafter taken over by respondent -
Piramal Capital and Housing Finance Ltd., on 30.10.2015 is a matter of record
as is financial indiscipline on her part, for reasons as may be.
3. Learned counsel for petitioner argues that apart from the fact that
proceedings under SARFAESI Act are illegal and arbitrary, petitioner was
ready and willing to settle the matter with respondent - Finance Company but
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Neutral Citation No:=2024:PHHC:061777-DB
respondent - Finance Company was not ready on any terms and is only
interested in taking over property in question.
4. Learned counsel for respondents stated that this writ petition itself is
not entertainable in view of judgment of Hon'ble the Supreme Court in Phoenix
ARC Private Limited versus Vishwa Bharti Vidya Mandir and others, 2022
(1) RCR (Civil) 888, but in case, concrete proposal is submitted by petitioner
within next two working days, same shall be considered in accordance with
applicable Rules and Regulations and decided within next one week thereafter (it
has been submitted by learned counsel for respondents that
proposal/representation submitted by petitioner did not mention any details of
proposed amount etc.).
5. Learned counsel for the petitioner, on instructions from petitioner
present in Court, submits that requisite proposal shall be submitted within next
two working days.
6. In the given factual matrix, it is apparent that writ petition is not
entertainable for seeking relief qua respondent which is a private Non-Banking
Housing Finance Company. Petitioner has specific remedies as provided under
SARFAESI Act in respect to any grievance which petitioner may have qua
proceedings under SARFAESI Act. Petitioner is always at liberty to avail the
same in accordance with law. We are sanguine that petitioner's representation/
proposal as may be submitted within next two working days shall be decided in
terms of statement made before us.
7. Writ petition is disposed of accordingly.
(LISA GILL)
JUDGE
(AMARJOT BHATTI)
May 02, 2024 JUDGE
rts
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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