IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16967 of 2009 Date of decision: 6th November, 2009 M/s Kalpana Chawla Memorial Educational Society and others … Petitioners Versus Authorized Officer, Punjab National Bank and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashok Paul Jagga, Advocate for the petitioners. Mr. R.S. Bhatia, Advocate for the caveator Bank. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Respondent, Punjab National Bank had issued notice (Annexure P-10) under Section 13(2) of the Securitization Act (hereinafter referred to as, ‘the Act’). Thereafter, vide Annexure P-2, possession notice was issued. It is not disputed that petitioners, to avail remedy of appeal, has approached the Debts Recovery Tribunal under Section 17 of the Act. Appeal was filed in September, 2009. Petitioners had filed application for interim relief also. In the application, notice was issued. However, without any adjudication of the application on merits, the application was rendered infructuous, as respondent Bank proceeded ahead in pursuance of the notice issued. Later, another application filed for stay of auction was also rendered infructuous, because the Tribunal had not adjudicated the same on merits. Thereafter, another application filed for with a prayer that auction be not confirmed, by efflux of time has also been rendered infructuous. On all the applications for interim relief, there has been no adjudication on merits. Civil Writ Petition No.16967 of 2009 A perusal of Annexure P-9 shows that the property has been auctioned and the auction has been confirmed. Annexure P-9 has been issued calling upon petitioner to hand over the possession. Since the appeal of the petitioners is pending before the Debts Recovery Tribunal and is fixed for 10th November, 2009, it is ordered that on 9th November, 2009, petitioner will file an application for interim relief and the same shall be decided on merits by the Tribunal, so that petitioners are not deprived of their remedy to assail the order in appropriate forum. Mr. R.S. Bhatia, appearing for Punjab National Bank, has prayed that a direction be issued to the Tribunal to decide the appeal, as the pleadings are complete. The prayer made by learned counsel for the Bank requires to be given due credence by the Tribunal. The Tribunal is requested to decide the appeal within one month after receipt of certified copy of this order. Till the application for interim relief is decided, status quo regarding the property shall be maintained. Counsel for the parties are in agreement that in view of the observations made above, present writ petition can be disposed of. Ordered accordingly. Copy of this order be given dasti on payment of usual charges. [KANWALJIT SINGH AHLUWALIA] JUDGE November 6, 2009 rps 2