C.W.P. No.16060 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.16060 of 2011 Date of Decision.30.08.2011 M/s Shivam International, Sardar Nagar, Ludhiana, through its partner Vijay Kumar Thaper son of Sh. Hakumat Rai .....Petitioner Versus Punjab National Bank, ARMB, Ferozepur Road, Site No.5, Near Westend Mall, Ludhiana through its Chief Manager .....Respondent Present: Mr. Sandeep S. Majithia, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The petitioner is before this Court saying that an order passed by the Recovery Officer on 26.08.2011 has not properly appreciated the claim of the petitioner that he is prepared to settle the account with the respondent-bank but the respondent is only interested in putting the property for sale in execution. There cannot be a restraint against a creditor from enforcing the security for recovery of a debt. If the petitioner has the necessary funds and if he makes the payment, he will have a good occasion to obviate the sale. A fetter against sale in any other manner is untenable. 2. The DRT has already rejected a similar plea through a reasoned order but the petitioner justifies his writ petition here instead of preferring an appeal before the DRAT on the ground that it is not feasible for him to bring up the case before 1st September, 2011 when C.W.P. No.16060 of 2011 -2- the sale is posted. The inability that the petitioner pleads cannot be accepted as a ground for entertaining the writ petition. Such a plea is untenable and the writ petition is dismissed. (K. KANNAN) JUDGE August 30, 2011 Pankaj*