R.P.Aggarwal And Another vs Debts Recovery Tribunal-Ii And … on 10 August, 2009

               IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                  CHANDIGARH

                                            Civil Writ Petition No.11902 of 2009
                                                   Date of Decision: 10.08.2009
R.P.Aggarwal and another
                                                                             Petitioners
                               Versus
Debts Recovery Tribunal-II and others
                                                                          Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:       Mr.Pankaj Gupta, Advocate for the petitioners
                          .....

Jasbir Singh, J.(Oral)

This writ petition has been filed with a prayer to issue a writ of

mandamus, directing the Bank not to take coercive action against the petitioners

under the provisions of Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (in short the Act), during pendency of

application of the petitioners before the Debt Recovery Tribunal at Chandigarh (in

short the Tribunal).

It is not in dispute that after receipt of notice under Section 13(2) and

13(4) of the Act, the petitioners went to the Tribunal taking the grounds, on which

this writ petition has been filed. It is their grievance that the Tribunal is not deciding

prayer of the petitioners for grant of interim injunction. In the meantime, the bank

has appointed a recovery agency and is going to take physical possession of house of

the petitioners, where they are living. Be that as it may, let the petitioners move an

application, by stating that fact, before the Tribunal. This Court expects that the

Tribunal will pass an appropriate interim order on application moved by the

petitioners.

Disposed of.

10.08.2009                                         (Jasbir Singh)
gk                                                     Judge