IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.22472 of 2010 Date of Decision : December 16, 2010. Dr.Jog Raj .....Petitioner versus Dena Bank .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Sandeep Suri, Advocate, for the petitioner. -.- 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? --- Surya Kant, J. (Oral) The petitioner is aggrieved by the Auction Notice dated 15.11.2010 (Annexure P-4) issued by the respondent-bank in exercise of its powers under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the 2002 Act'). The petitioner claims himself to be a bonafide purchaser of the subject property and relies upon the entries in the revenue record to contend that it was free from all encumbrances when he purchased it. It is also suggested that the mortgaged property is different then the house in question. C.W.P.No .22472 of 2010 2 Having heard learned counsel for the petitioner, I am of the considered view that the above stated issues need to be raised by the petitioner before the respondent-bank. Though the petitioner has already lost the opportunity available to him under Section 13 (3) of the Act, yet there being some discrepancies/identity dispute of the property in question, I deem it appropriate to dispose of this writ petition with a liberty to the petitioner to submit a representation to the respondent-bank within a period of one week from the date of receiving a certified copy of this order. The respondent-bank is directed to consider and dispose of the petitioner's representation by passing a reasoned order at the earliest. Till then, the auction shall not be confirmed. If still aggrieved, the petitioner shall be at liberty to approach the Debt Recovery Tribunal under Section 17 of the Act. Ordered accordingly. Dasti. December 16, 2010 (SURYA KANT) Mohinder JUDGE