IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO.2413 OF 2009 DATE OF DECISION: FEBRUARY 02 ,2011 AXIS Bank Ltd., Ludhiana .....Petitioner VERSUS The Commissioner, Commissionerate of Central Excise, Ludhiana ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Ashu M. Punchhi, Advocate, for the petitioner. Mr. Kamal Sehgal, Advocate, for the respondent. **** RANJIT SINGH, J. (ORAL) The petitioner is a Bank, which has filed this writ petition, seeking a writ of mandamus forbearing the respondent, who is Commissioner of Central Excise, to put the property for auction or sale on the ground that the Bank has first charge on the property on the basis of priority. In response to notice, the respondent has filed reply, revealing that only a notice has been pasted on the property and no charge has yet been created, which could give a cause of grouse to the Bank to claim priority of recovering the amount due. Counsel for the Bank also points out that in the meantime the Bank has already sold the property and also makes a reference to another writ petition, which is pending for deciding the issues vis-a-vis the right of the Income Tax people on the property in question. Since no charge has yet been created on the property on the basis of which the same is being put to any auction or sale, the present writ petition is pre- C.W.P. No.2413 of 2009 :{ 2 }: mature at this stage. The question of claiming priority for recovery of debt is left open and liberty is given to the Bank to make any appropriate approach, if the issue comes into question on account of any action taken by the respondent. Dismissed as pre-mature. February 02,2011 (RANJIT SINGH ) khurmi JUDGE