C.W.P. No.13535 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13535 of 2011 Date of Decision.10.08.2011 Mohinder Kumar son of Chander Parkash resident of Hira Mahal, Nabha Tehsil Nabha, District Patiala .....Petitioner Versus Authorized Officer, ARMS 668A, 2nd Floor, New Lajpat Nagar, Pakhowal Road, Ludhiana, District Ludhiana and others .....Respondents Present: Mr. P.K Gupta, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The petition is at the instance of a purchaser, who claims that the vendors had not disclosed about the existence of a mortgage or that the property had been offered as a security to financial institution before securing the loan. The petitioner claims that he is a bona fide purchaser. The issue of bona fides for a person, who has purchased a property, which is secured through a mortgage, does not simply arise at all. Only to test even his contention whether there was any sense of bona fide, at the previous hearing on 29.07.2011, I directed the petitioner to file the original tile deeds in the name of predecessor-in- tile, Hakam Singh and also to produce the copy of the sale deed under which the petitioner claimed. The petitioner still seeks for time. I do not think that the case must wait for one more opportunity to produce the documents, which had been directed to be produced. It was only to C.W.P. No.13535 of 2011 -2- secure a definite assurance whether the petitioner had purchased the property without knowing that there was a mortgage. In any way, if an action is taken under the SARFAESI Act, a person who is aggrieved, will have an appropriate remedy by means of an appeal under Section 17 of the SARFAESI Act and any intervention sought by means of a writ petition was not in consonance with the law laid down by the Hon'ble Supreme Court and particularly one in Transcore Vs. Union of India & Anr (2008) 1 SCC 125. 2. The writ petition is dismissed. (K. KANNAN) JUDGE August 10, 2011 Pankaj*