IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15128 of 2007 Date of decision: 21.5.2008 Smt. Balbir Kaur and another ......Petitioners Versus Punjab and Sind Bank and another ......Respondents CORAM:- HON'BLE MR.JUSTICE RAJIVE BHALLA HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Rohit Suri, Advocate for the petitioners. Mr. G.S. Punia, Advocate for the respondents. Rajive Bhalla, J. ( Oral). The petitioners pray for issuance of a writ in the nature of certiorari for quashing the notice dated 29.12.2006 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act'). The disputes, in essence, are whether the loan raised by the petitioners is an agricultural loan and whether the property now possessed by the Bank is agricultural property, exempted from the provisions of the Act. As there appears to be a dispute with regard to facts, we do not deem it appropriate to adjudicate these questions and relegate the petitioners to their statutory remedy before the forum prescribed under the aforementioned statute. In case, the petitioners file an appeal under the provisions of the aforementioned Statute, the Tribunal would be at liberty to take into consideration that the petitioners have been pursuing the instant writ petition before this Court. CWP No.15128 of 2007 -2- However, in case the respondent-Bank deems appropriate, it may consider and decide any offer for a One Time Settlement which the petitioners may make to the Bank. Disposed of accordingly. (RAJIVE BHALLA) JUDGE May 21, 2008 (RAKESH KUMAR GARG) ps JUDGE