HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18194 of 2008 (O&M) Date of Decision: 21.02.2011 **** M/s. Bharat Sanitaryware (P) Ltd. . . . . Petitioner VS. Punjab Financial Corporation & Anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Vikas Singh, Advocate for the petitioner Mr. GS Sandhawalia, Advocate for respondent No.1 ***** SURYA KANT, J. (ORAL) (1). The petitioner in this case is aggrieved by notice dated 13.03.2008 (Annexure P6) issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘the SARFAESI Act’). The challenge is founded upon the protections sought under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985. No action under Section 13(4) of the SARFAESI Act appears to have been taken by the first respondent so far. (2). In this view of the matter and keeping in view the decision of the Hon’ble Supreme Court in United Bank of India v. Satyawati Tondon and others, Civil Appeal No.5990 of 2010, the writ petition is disposed of with liberty to the petitioner to approach the DRT as and when action under Section 13(4) of the SARFAESI Act is taken against it. (3). Ordered accordingly. Dasti. CWP No.18194 of 2008.doc - 2 – 21.02.2011 vishal shonkar (S u r y a K a n t) Judge