Punjab-Haryana High Court
M/S Rathi Tmt Saria Pvt. Ltd vs Indian Overseas Bank And Ors on 7 March, 2019
Bench: Ajay Kumar Mittal, Manjari Nehru Kaul
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-30907-2018
Decided on: 07.03.2019
M/s. Rathi TMT Saria Pvt. Ltd. .... Petitioner
Vs
Indian Overseas Bank and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Hemant Bassi, Advocate
for the petitioner.
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AJAY KUMAR MITTAL, J (ORAL)
The petitioner has approached this Court under Articles 226/227 of the Constitution of India, inter alia, for issuance of a writ in the nature of certiorari to quash/set aside notices dated 24.04.2017 (Annexure P-1), dated 27.07.2017 (Annexure P-4) under Sections 13(2) and 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and order dated 25.09.2018 (Annexure P-8) passed by the District Magistrate, Gurugram to take the possession of the property/shop situated in Phase-I, DLF City, Gurugram.
2. Learned counsel for the petitioner submitted that the petitioner has submitted a proposal under One Time Settlement Scheme (OTS) with respondent-bank, which is under consideration. Accordingly, prayer was made that he may be allowed to withdraw the present petition with liberty to the petitioner to approach this Court again on the same cause of action, in case the OTS proposal is not accepted by the respondent-bank.
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3. Dismissed as withdrawn. However, it shall be open to the petitioner to take recourse to the remedies as may be available to it, in accordance with law.
(AJAY KUMAR MITTAL) JUDGE (MANJARI NEHRU KAUL) JUDGE 07.03.2019 Dinesh Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No 2 of 2 ::: Downloaded on - 10-03-2019 22:28:05 :::