IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.22787 of 2010 Date of Decision : December 21, 2010. Amanpreet Singh .....Petitioner versus UCO Bank and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.A.P.S. Guliani, 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 claims himself to be a bonafide purchaser of the plot which had been already mortgaged with the respondent-bank by the vendor/borrower. The petitioner now seeks a mandamus to restrain the bank from taking possession of the said plot where the petitioner has meanwhile constructed a shop, inter-alia, on the ground that there are four other mortgaged properties of the borrower which can be auctioned by the Bank to recover the loan amount and that no possession notice under Section 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the 2002 Act') has been issued to the petitioner before obtaining the order under Section 14 of the Act from the District Magistrate. C.W.P.No .22787 of 2010 2 Having heard learned counsel for the petitioner and in the light of the decision of the Hon'ble Supreme Court dated 26.7.2010 in Civil Appeal No.5990 of 2010 (United Bank of India versus Satyawati Tondon and others), I am of the considered view that both the above noted contentions can be effectively raised by the petitioner before the Debt Recovery Tribunal under Section 17 of the Act. The writ petition is accordingly disposed of by relegating the petitioner to the afore-mentioned alternative remedy. However, with a view to enable the petitioner to approach the Debt Recovery Tribunal, it is directed that status-quo regarding possession shall be maintained for a period of two weeks from the date of receiving a certified copy of this order. Dasti. December 21, 2010 (SURYA KANT) Mohinder JUDGE