IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.23428 of 2010 Date of Decision : December 24, 2010. Smt.Asha Rani .....Petitioner versus State Bank of Patiala and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Ashok Kumar Khungar, 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 who is a guarantor, is aggrieved by the notice dated 2.12.2010 (Annexure P-5) issued by the respondent-bank under Section 13 (12) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the 2002 Act'), to the auction of the immovable mortgaged properties owned by the principal borrowers/guarantors. The petitioner's contention is that should the immovable properties of the principal borrowers are auctioned first the entire loan amount can be conveniently recovered leaving no reason for the bank to auction the only residential house of the petitioner also. C.W.P.No .23428 of 2010 2 Having heard learned counsel for the petitioner, I am of the considered view that the petitioner may firstly approach the respondent- bank by way of an appropriate representation raising the above-mentioned issues. There appears to be some logic in the petitioner's contention that there would be no legal necessity to auction all the immovable properties if by sale price of one or two immovable properties owned by the principal borrowers,can liquidate the entire loan amount. Be that as it may, if the petitioner's representation is turned down by the respondent-bank, she shall be at liberty to raise all these issues before the Debt Recovery Tribunal. However, with a view to enable the petitioner to approach the Debt Recovery Tribunal, if her representation does not find favour, it is directed that the auction of the petitioner's residential house shall not be confirmed nor she shall be dispossessed from the residential house for a period of two months from the date of holding the auction. Ordered accordingly. Dasti. December 24, 2010 (SURYA KANT) Mohinder JUDGE