C.W.P NO. 369 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 369 OF 2009 DECIDED ON : 06.03.2009 Rajiv Bakshi and another ...Petitioners versus The Punjab & Sind Bank and ors. ...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. Lekh Raj Sharma, Advocate, for the petitioners. Mr. R. D. Sharma, Senior DAG, Haryana. Mr. I. P. Singh, Advocate, for respondents No.1 and 4. SURYA KANT, J. (ORAL) Written statement filed on behalf of respondents No.1 and 4 is taken on record. The petitioners seek quashing of the notice dated 22.12.2008 vide which physical possession of their residential C.W.P NO. 369 OF 2009 -2- Flat No. A-11, First Floor, Ashoka Enclave, Part-II, Faridabad, has been taken by the respondent-bank due to the petitioners' failure to repay the house loan installments. After hearing learned counsel for the parties, it was directed on January 23, 2009 that in case the petitioners pay a sum of Rs.3 lacs, possession of their residential flat shall be restored to them. It is not in dispute that the above-stated amount has been paid by the petitioners and possession has also been restored to them. Learned counsel for the respondent-bank points out that there was over due amount of Rs.5,08,800/- in November, 2008, out of which Rs.3 lacs has been paid by the petitioners and that they are liable to pay the balance amount to regularize their loan account. Learned counsel for the petitioners, on instructions from petitioner No.1 who is present in Court, undertakes that a sum of Rs.2,15,000/- shall be deposited by the petitioners before 31.05.2009. On deposit thereof, it is directed that the loan account of the petitioners shall be regularized. However, in case some additional amount is found due, the same shall be added in their loan account. Thereafter, the petitioners shall continue to deposit the monthly installments on time. This, however, shall not preclude the petitioners from approaching the respondent- bank for granting concession towards penal/compound interest, if C.W.P NO. 369 OF 2009 -3- any, charged from them.. Such a representation, if made, shall be sympathetically considered by the bank authorities. In view of the above noticed events and the undertaking given on behalf of the petitioners, the impugned notice dated 22.12.2008, has been rendered infructuous. The writ petition is disposed of accordingly. MARCH 06, 2009 (SURYA KANT) shalini JUDGE