Disposed

Om Parkash Jindal and Anr. v. State Bank of Patiala and Ors.

Punjab & Haryana HC23 Nov 2011CWP/8861/2010

Case brief

AI extract

What is this about?

Challenging a communication rejecting objections under Section 13(2) SARFAESI Act, the Court allowed withdrawal of the communication, permitting detailed reasons to be given by the Bank before initiating Section 13(4) proceedings.

What did the court decide?

Permission granted to withdraw communication allowing the Bank to provide detailed reasons on objections.

Om Parkash Jindal and Anr. Vs… — Contract and Commercial Disputes | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P. No. 8861 of 2010(O&M)

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Date of Decision: 23.11.2011

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Om Parkash Jindal and another

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........Petitioners

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vs.

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State Bank of Patiala and others

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.......Respondents

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CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE G. S. SANDHAWALIA

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Present: Mr. Sanjiv Sharma, Sr. Advocate with Mr. Vishal Sodhi, Advocate for the petitioners

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Mr. G.S. Anand, Advocate for respondent No. 1

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Mr. Anand Chhibbar, Advocate for respondents No. 2 and 3

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HEMANT GUPTA, J.

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The challenge in the present petition is to the communication dated 28.4.2010 whereby in response to the objections filed by the petitioners to a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets an Enforcement of Security Interest Act, 2002 (for short 'the Act'), the Bank has stated to the following effect:-

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“With reference to your letter dated 22.04.2010. We have considered all the objections raised by you and found totally unwarranted, uncalled for having no legal force. The demand notice u/s 13(2) has been correctly issued by the Bank within our rights and under SARFAESI Act, 2002.

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You are therefore advised to comply with the notice dated 26.02.2010 failing which action as per law shall be followed.”

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C.W.P. No. 8861 of 2010(O&M)

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Learned counsel for respondent No. 1 seeks permission to withdraw the said communication with liberty to communicate the detailed reasons for not accepting objections submitted by the petitioners. We permit the learned counsel to withdraw said communication with liberty to give reasons to the objections filed.

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After reasons are communicated and the proceedings under Section 13(4) of the Act are initiated, the petitioners shall have statutory remedy as contemplated under Section 17 of the Act.

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In view of the said fact, no further orders are called for in

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the present petition.

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The writ Petition is disposed of accordingly.

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(HEMANT GUPTA) JUDGE

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(G.S. SANDHAWALIA) JUDGE

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23.11.2011

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reena

Om Parkash Jindal and Anr. v. State Bank of Patiala and Ors.

Case brief

What is this about?

What did the court decide?

Om Parkash Jindal and Anr. v. State Bank of Patiala and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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