IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3818 of 2011 (O&M) Date of Decision: 14.9.2011 Smt. Tarsem Kumari & Others .....Petitioners Versus State Bank of Patiala and others ….Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE JASWANT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Pavan Malik, Advocate, for the petitioner. Shri R.S. Bhatia, Advocate, for respondent No.1. Ms. Ruchi Sekhri, Advocate, for Shri Pankaj Bhardwaj, Advocate, for respondents No.2, 4 & 9. Hemant Gupta, J. (Oral) The petitioners have filed the present writ petition seeking a writ of Certiorari for quashing the release of mortgaged property of respondent Nos. 2 to 4 without the consent of the petitioners, who were the Guarantors to the financial assistance availed by respondent No.2, a partnership firm. The petitioners are the Guarantors of the loan availed by respondent No.2 and its partner. Such partnership firm has sought modification of the loan. In such process, the petitioners continued to be the Guarantors. CWP No. 3818 of 2011 (O&M) It is the assertion of the petitioner that the release of the property of borrowers without the consent of the petitioners, is not tenable. On the other hand, the Bank relies upon the revised consent granted on 3.7.2009 (Annexure R.1/6) on the basis of the request of the petitioners themselves. After hearing learned counsel for the parties, we find that the questions whether the petitioners are liable as Guarantors in respect of the loan availed by the firm and to what extent, are the disputed questions of fact. Such disputed questions of facts cannot be examined by this Court in the present writ petition as the same can be determined only on the basis of evidence to be led by the parties. Consequently, the present writ petition is disposed of with liberty to the petitioners to avail their remedy as may be available to them in accordance with law. [ HEMANT GUPTA ] JUDGE [ JASWANT SINGH ] JUDGE 14.9.2011 vinay/ds 2