IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.14035 of 2007 Date of decision: 17.11.2008 Harish Kumar. -----Petitioner Vs. Debt Recovery Tribunal and others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE L.N. MITTAL Present:- Mr. S.K. Arora, Advocate for the petitioner. Mr. T.S. Gujral, Advocate for respondent No.3/Bank. ----- ORDER: Grievance of the petitioner is that his property, which was never mortgaged to respondent No.3 Bank, was sought to be auctioned for recovery of loan advanced to the private respondents with whom the petitioner has no concern. Mr. T.S. Gujral, learned counsel for respondent No.3, states that after the order of this Court dated May 15, 2008, Local Commissioner Shri Rajneesh Kumar Tyagi gave his report dated 12.8.2008, to the effect that house was in possession of the petitioner and demarcation of property of the borrower was not feasible. C.W.P. No.14035 of 2007 Thus, in absence of any material that the property of the petitioner was mortgaged for loan, it is clear that the Bank cannot proceed against the property of the petitioner. In view of above admitted position, this petition is allowed and the respondent No.3 Bank is restrained from proceeding against the property of the petitioner. ( ADARSH KUMAR GOEL ) JUDGE November 17, 2008 ( L. N. MITTAL ) ashwani JUDGE 2