✦ Punjab & Haryana High Court · 31 Mar 2009

Dalvinder Singh Sidhu & Anr. v. Punjab & Sind Bank & Anr.

SURYA KANT

Case at a glance

Decided
31 Mar 2009
Bench
SURYA KANT

Judgment

CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. G. S. Bajwa, Advocate, for the petitioners. Ms. Arti Vashisht, Advocate for Mr. Rohit Sapra, Advocate, for the Caveator-respondents. SURYA KANT, J. (ORAL) The petitioners seek quashing of the letters dated

21.02.2009 and 17.03.2009 (Annexures P-3 and 6 respectively), whereby their secured assets have been taken into possession and are being put to auction, scheduled to be held on

07.04.2009. It is not in dispute that the petitioners are required to pay about Rs.11 lacs to the respondent-Bank to discharge their loan liability. C.W.P NO. 5170 OF 2009 -2- Learned counsel for the petitioners submit that they are ready and willing to pay the entire loan within a period of three months. Learned counsel for the respondent-Bank, who has entered caveat, has no serious objection to the grant of three month's period, provided that they deposit some amount before the date of auction. Having heard learned counsel for the parties and keeping in view the stand taken by both of them, this writ petition is disposed of with a direction that in case the petitioners pay the entire loan amount before 10.07.2009, no action shall be taken against them under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. However, the petitioners shall also be liable to pay a sum of Rs.2 lacs before 07.04.2009. It is made clear that the auction shall be postponed beyond 10.07.2009 only if the petitioners deposit a sum of Rs.2 lacs before 07.04.2009, as directed above. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 31, 2009 shalini (SURYA KANT) JUDGE

Questions this judgment answers

Which statutory provisions did this judgment involve?

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Which court decided this case, and when?

Punjab & Haryana High Court, on 31 Mar 2009. The bench was SURYA KANT.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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