C.W.P. No.10916 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.10916 of 2008 Date of decision:10.08.2009. Harjit Singh ..Petitioner Versus LIC Housing Finance Ltd. and others. ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Deepak Aggarwal, Advocate, for Mr. Veneet Sharma, Advocate, for the petitioner. Mr. O.P.Narang, Advocate, for the respondents. ***** JASBIR SINGH, J. (ORAL). Petitioner has filed this writ petition to lay challenge to the notices, issued to him, under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the Securitization Act”). Ordinarily, writ petition is not maintainable against action, initiated under the Securitization Act. However, it appears that, with a view to save property of the petitioner, on an assurance given that he will pay the defaulted amount, notice of motion was issued on 13.06.2008. It was directed that the petitioner should pay the defaulted amount, within two weeks. That amount was paid, however, again default was committed by the petitioner regarding payment of installments. Taking note of the same, following order was passed on 24.10.2008:- C.W.P. No.10916 of 2008 -2- “On suggestion of Shri Narang that in view of past conduct of the petitioner, the LIC Housing Finance Limited can consider regularization of the account only if there is consistent payments by the petitioner towards installments, adjourned to 02.04.2009.” That order was clarified on 02.04.2009, while observing as under: - “Meanwhile, the interim order dated 11.07.2008 is clarified to the extent that in case the petitioner has again defaulted in payment EMIs, the respondents shall be entitled to proceed against him, in accordance with law.” Counsel for the respondents states that amount of installments has not been paid. In view of above, this writ petition is dismissed. However, liberty shall remain with the petitioner to lay challenge to the notices, as per provisions of Securitization Act, before appropriate Forum. August 10, 2009. ( JASBIR SINGH ) vinod JUDGE