IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 715 of 2008 DATE OF DECISION : 17.01.2008 M/s Pawan Kumar Sanjay Kumar and others .... PETITIONERS Versus Punjab National Bank and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Ajay Jain, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL, J. ( Oral ) The petitioners, who are borrowers and whose account has been declared as NPA and demand notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Act'), has been issued by the respondent Bank, have filed this petition with the averments that in response to the demand notice, they had made an offer to pay the entire outstanding amount within a period of six months, which has been declined and now, they apprehend that the respondent bank will proceed against them under Section 13 (4) of the Act for taking possession of the mortgaged property. CWP No. 715 of 2008 -2- After hearing the arguments of learned counsel for the petitioners, we are of the opinion that since till date, no step for taking possession of the mortgaged property of the petitioners has been taken by the respondents, therefore, at this stage, the writ petition filed by the petitioners is pre-mature. Thus, we are not inclined to entertain this petition at this stage. Dismissed. However, it will be open for the petitioners to again approach the respondent bank seeking six months time to clear the outstanding amount against them. In case, any such representation is again made by the petitioners, the same will be looked into by the Authorised Officer/Chief Manager of the respondent bank. ( SATISH KUMAR MITTAL ) JUDGE January 17, 2008 ( RAKESH KUMAR GARG ) ndj JUDGE