Mighty Lubana and Others v. State of Punjab and Others
Case brief
What is this about?
Students petitioned to prevent physical takeover of their college during the academic session due to a loan default. The Court disposed of the petition directing them to approach the bank instead, noting the bank would avoid affecting academic careers.
What the court decided
I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Civil Writ Petition No.4083 of 2014 (O&M)
DATE OF DECI SI ON: 05.03.2014
Mighty Lubana and others
…..Petitioners
versus
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI
Present: Mr. Lakhwinder S. Sidhu, Advocate for the petitioners
SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)
The petitioners, who are students of the college, have nothing to do with the loan transaction in which default has occurred and there is threat of taking over of the physical possession of the college. The petitioners have directly filed the present writ petition under Article 226 of the Constitution of India without disclosing as to whether the borrowers have taken any steps as envisaged under the SARFAESI Act.
Issues for consideration
2 issues framed by the court
Whether students can legally restrain the physical takeover of their college during the academic session due to loan defaults.
What procedural step must petitioners take before seeking judicial intervention regarding possession of their college.
Parties & counsel
- petitioner
Mighty Lubana and others
- respondent
State of Punjab and others
Coram
Sanjay Ki Shan Kaul
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · March
- Registered
- Case no.
- CWP/4083/2014
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