Punjab-Haryana High Court
Mohinder Singh And Anr vs Hdfc Bank And Anr on 31 August, 2017
Bench: Surya Kant, Sudhir Mittal
CM-11920-CWP-2017 in/and
CWP-18721-2017 (O&M) -1-
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM-11920-CWP-2017 in/and
CWP-18721-2017 (O&M)
Date of Decision: August 31, 2017
Mohinder Singh and another
.....Petitioners
Versus
HDFC Bank and another
......Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT
HON'BLE MR. JUSTICE SUDHIR MITTAL
1. To be referred to the Reporters or not? Yes/No
2. Whether the judgment should be reported in the Digest? Yes/No.
3. Whether Reporters of local papers may be allowed to see the judgment? Yes/No
.......
Present: Mr.P.S.Miglani, Advocate
for the petitioner.
Mr.R.M.Suri, Advocate for the respondents-Bank.
........
SURYA KANT, J.
CM-11920-CWP-2017 Application is allowed subject to all just exceptions. Annexures P/8 and P/9 are taken on record.
CM stands disposed of.
CWP-18721-2017 Learned counsel for the respondents-Bank states that since the order passed by Debts Recovery Appellate Tribunal, Delhi, in Misc.Appeal No.60/16 (Vikram Bakshi vs HDFC etc.) has been stayed by the Hon'ble Delhi High Court and this Court otherwise has held that proceedings before DRT are maintainable as soon as the notice under Section 13(4) of the 1 of 2 ::: Downloaded on - 09-09-2017 10:21:35 ::: CM-11920-CWP-2017 in/and CWP-18721-2017 (O&M) -2- SARFAESI Act, 2002 is issued, he has no objection if the impugned order passed by DRT-III, Chandigarh, dated 05.04.2017 (Annexure P-5) is set aside and the case is remitted to DRT-III to decide the SA on merits.
[2] Ordered accordingly. [3] The impugned order dated 05.04.2017 is set aside and DRT-III,
Chandigarh is directed to decide the SA filed by the petitioners on merits and in accordance with law.
[4] Parties are directed to appear before DRT-III, Chandigarh on 18.09.2017.
[5] Disposed of.
( SURYA KANT )
JUDGE
August 31, 2017 ( SUDHIR MITTAL )
meenuss JUDGE
1. Whether speaking/reasoned ? Yes/No
2. Whether reportable ? Yes/No
2 of 2
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