IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13665 of 2009 Date of decision: 23.9.2011 Sh. Sushil Kumar and another ……Petitioners vs. State Bank of Patiala and another …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE JASWANT SINGH Present: - Mr. Rohit Suri, Advocate for the petitioners. Mr. G. S. Anand, Advocate for respondent No. 1. HEMANT GUPTA, J In the present petition, challenge of the petitioners is that the process for taking possession of the assets of the petitioner was initiated without notice under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the ‘Act’). Earlier the petitioners approached this Court by way of a CWP No. 3791 of 2009 and this Court vide order dated 9.3.2009 disposed of the said writ petition with the direction to consider and dispose of the objections dated 23.1.2009 in accordance with law. In pursuance of the said direction, Respondent-Bank considered objections on 17.4.2009 (Annexure P-10) and communicated the same to the petitioners. However, Mr. Anand, learned counsel for CWP No. 13665 of 2009 respondent No. 1 could not point out that any notice contemplated under Section 13(4) of the Act has been issued to the petitioners. In view of the said fact, present petition is disposed of with liberty to the respondents to issue notice under Section 13(4) of the Act. As and when such notice is issued, it shall be open to the petitioner to avail the remedy as provided under the Act. Since, the respondent-Bank has not issued any notice under Section 13(4) of the Act, the action of the Bank in giving notice to take over the possession cannot be sustained and therefore, such notice dated 6.8.2009 (Annexure P-1) is set aside. Present writ petition is disposed of in the above terms. (HEMANT GUPTA) JUDGE (JASWANT SINGH) JUDGE 23.9.2011 preeti 2