IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17917 of 2007 (O&M) Date of decision: 05.04.2010 Ashok Kumar ….Petitioner versus Punjab & Sindh Bank and others …Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ------ Present: Mr. M.K. Dogra, Advocate, for the petitioner. Mr. I.P. Singh, Advocate, for the respondents. ----- 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? ----- K.Kannan, J (Oral) 1. The petitioner has approached this Court challenging the proceedings initiated for sale of the property for recovery of money under the SARFAESI Act. The Court had ordered notice and subsequently the petition appears to have been dismissed for non- prosecution. It was subsequently restored also. The case comes up for hearing and the learned counsel appearing for the petitioner states that he awaits instructions from the party to meet the allegations made by the learned counsel appearing for the Bank that no amounts had been paid by the petitioner to the respondent taking advantage of the pendency of the writ petition. Civil Writ Petition No.17917 of 2007(O&M) - 2 - 2. I do not want to join issues on an aspect which the parties are not aware, since I am convinced that judicial intervention for proceeding under the SARFAESI Act by a claim that the property which was proceeded against, was a residential house and hence as per the provisions under Section 60 of the Civil Procedure Code, the property could not be attached, is wholly unjustified. The enforcement of the security through a mortgage under the SARFAESI Act, does not need to go through the provisions of the Civil Procedure Code. Nor can the proceedings relating to attachment apply in a case where an action for enforcement of security obtains without reference to any attachment. The basis of the writ petition itself is fallacious and it deserves to be dismissed. The writ petition is dismissed as such. (K.KANNAN) JUDGE 05.04.2010 sanjeev