Writ petition dismissed as withdrawn by counsel who stated a fresh petition would be filed by the actual property owners.
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C. W. P. No. 976 of 2014
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Sr. No. 107
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : C. W. P. No. 976 of 2014 Date of Decision : January 21, 2014
Mona Aggarwal .... Petitioner
Vs.
Punjab National Bank and others .... Respondents
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE. HON'BLE MR. JUSTICE ARUN PALLI.
Present : Mr. Puneet Bali, Senior Advocate with Mr. Ankur Lal, Advocate for the petitioner.
SANJAY KISHAN KAUL, C. J. (Oral) :
The impugned auction notice shows that the land measuring 750 sq. yds., situated at Village Jandali, Chandigarh Road, Ludhiana, is sought to be auctioned to secure due repayment of loan of M/s LVM Exim Pvt. Limited. The property is said to be owned by M/s Capricon Alloys Pvt. Ltd. and Shri Navneet Aggarwal.
In view of the aforesaid, the auction notice qua the property in question has nothing to do with the loan of M/s Capricon Alloys Pvt. Ltd.,
Monika 2014.01.23 14:40 I attest to the accuracy and integrity of this document High Court Chandigarh
C. W. P. No. 976 of 2014
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for which other properties are being put to auction under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. Not only that, the petitioner before us is not even the owner of the property, as it appears from the auction notice.
Learned senior counsel for the petitioner, faced with the aforesaid situation, seeks to withdraw the present petition and states that he may file a fresh petition, if so advised by the owner of that property qua loan transaction of M/s LVM Exim Pvt. Limited. In case, the owners are seeking to make out a case that the property was never furnished as collateral security for loan of M/s LVM Exim Pvt. Limited, needless to say that such owners have to show as to what steps have they taken pursuant to action being taken under SARFAESI Act qua this allegation before seeking intervention of this Court under Article 226 of the Constitution of India.
We may notice that the earlier writ petition, of which reference has been made at Page 73 i.e. C. W. P. No. 24304 of 2012 was filed by M/s LVM Exim Pvt. Limited and others.
Dismissed as withdrawn in terms aforesaid.
( SANJAY KISHAN KAUL ) CHIEF JUSTICE
January 21, 2014
( ARUN PALLI ) JUDGE
monika
Monika 2014.01.23 14:40 I attest to the accuracy and integrity of this document High Court Chandigarh
Mona Aggarwal
Punjab National Bank and others
Sanjay Kishan Kaul
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
