CWP No.18366 of 2010.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18366 of 2010 Date of Decision: 15.12.2010 **** State Bank of Patiala . . . . Petitioner VS. State of Punjab & 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. RS Bhatia, Advocate for the petitioner Mr. HS Brar, Addl. AG Punjab Mr. Atul Sharma, Advocate for respondent No.5 & 6 ***** SURYA KANT J. (ORAL) (1). This writ petition is directed by the State Bank of Patiala seeking a mandamus to the District Administration, SAS Nagar, Mohali as well as respondents No.5 to 8 for restoration of the possession of the factory premises of respondent No.5 in favour of the Bank along with stocks, plant & machinery etc. which are said to be mortgaged/hypothecated with the Bank. (2). On 08.10.2010, the following interim directions were issued by this Court:- “Meanwhile, Senior Superintendent of Police, SAS Nagar, Mohali is directed to depute the police officer not below the rank of Deputy Superintendent of Police along with the CWP No.18366 of 2010.doc - 2 - authorized officer of the petitioner-Bank, to visit the factory premises of respondent No.5 and prepare an inventory of the raw material; godown articles; plants & machinery etc. The inventory shall be signed by the authorized officer of the petitioner-Bank as well as the private respondents, if they are so advised. No article shall be allowed to be taken out of the factory premises.” (3). Learned counsel for respondents No.5&6 states at the Bar that they have no objection against restoration of the possession of the factory premises along with stocks; raw material; godown articles; plant and machinery etc. to the petitioner-Bank by following the prescribed procedure but without prejudice to their legal right in the proceedings pending before the Debt Recovery Tribunal. (4). In view of the above-stated stand taken by respondents No.5&6, the writ petition is allowed and the (i) District Magistrate, SAS Nagar, Mohali; (ii) Senior Superintendent of Police, SAS Nagar, Mohali; (iii) Tehsildar, Kharar, District Mohali are directed to take necessary steps to ensure that the possession of the factory premises of M/s. Tecktools Ltd. along with its stocks; raw material; godown articles; plant and machinery etc. is restored to the petitioner-Bank forthwith but not later than one week from today, however, without prejudice to the legal rights of respondent No.5&6. CWP No.18366 of 2010.doc - 3 - (5). The remaining relief/issues may be sought/raised by the petitioner-Bank before an appropriate forum. (6). Disposed of. Dasti. 15.12.2010 vishal shonkar (SURYA KANT) JUDGE