Punjab-Haryana High Court
M/S Hra Paper Mills & Ors vs Authorised Officer State Bank Of India & ... on 12 May, 2016
Author: Arun Palli
Bench: Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-9271-2016
Date of decision:- 12.05.2016
M/s HRA Paper Mills Pvt. Ltd. and others
...Petitioners
Versus
Authorized Officer, State Bank of India and others
...Respondents
CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN PALLI
Present:- Ms. Jyoti Sareen, Advocate,
for the petitioners.
* * * *
S.J. VAZIFDAR, A.C.J. (ORAL)
The petitioners claim that in view of interim orders passed by the Debts Recovery Tribunal dated 07.04.2015, as extended from time to time and lastly on 14.12.2015, the residential accommodation cannot be brought to sale. By the order dated 07.04.2015, the Debts Recovery Tribunal stayed the order dated 17.06.2014 passed by the District Magistrate, Jalandhar under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. By the order dated 14.12.2015, the Debts Recovery Tribunal ordered the continuation of the interim status-quo order till the next date of hearing. The order directed the matter to be re-notified on 07.04.2016.
2. Learned counsel appearing on behalf of the petitioners states that the matter was, however, listed on 06.04.2016 and not on 07.04.2016 as directed by the order dated 14.12.2015. She further states that Roznamcha of the Debts Recovery Tribunal does not reflect any order having been 1 of 2 ::: Downloaded on - 14-05-2016 00:13:30 ::: CWP-9271-2016 2 passed on 06.04.2016. She further states that the file pertaining to the matter was not traceable in the Debts Recovery Tribunal. The petitioners were, therefore, unable to ascertain the noting in the Roznamcha of the Debts Recovery Tribunal on 06.04.2016.
3. The petitioners have filed contempt proceedings. Further, the petitioners can file appropriate proceedings before the Debts Recovery Tribunal. There is no warrant for entertaining parallel proceedings.
4. The writ petition is accordingly disposed of.
(S.J. VAZIFDAR) ACTING CHIEF JUSTICE (ARUN PALLI) JUDGE 12.05.2016 Amodh 2 of 2 ::: Downloaded on - 14-05-2016 00:13:31 :::