IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 948 of 2008 DATE OF DECISION: JANUARY 22, 2008 Smt. Shashi Bala .....PETITIONER Versus Punjab National Bank & others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE RAKESH KUMAR GARG --- Present: Mr.Rajan Gupta, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. (Oral) Petitioner Smt.Shashi Bala, who is a guarantor to the loan taken by respondents No.4 and 5, has filed this petition under Articles 226/227 of the Constitution of India for quashing the notice dated 16.1.2008 (Annexure P-10), issued by respondent No.3 whereby the petitioner has been informed for taking possession of the secured assets in pursuance of notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. This is the second petition filed by the petitioner. Earlier, the petitioner filed an appeal before the Debt Recovery Tribunal against the steps taken by the respondent-bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and when the interim application for stay of taking possession was declined, the petitioner filed CWP No. 11825 of C.W.P. No. 948 of 2008 -2- 2006 and the said petition was disposed of with the observation that the result of the auction shall be subject to the ultimate decision in appeal. Admittedly, the appeal filed by the petitioner is pending and the respondent-bank is going to take possession of her house. Since the stay of taking possession has been declined and affirmed by this court, we are not inclined to entertain this petition. Dismissed. However, it will be open for the petitioner to approach the Debt Recovery Tribunal for any relief available under the law. (SATISH KUMAR MITTAL) JUDGE January 22, 2008 (RAKESH KUMAR GARG) vkg JUDGE