CWP No. 6455 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 6455 of 2011 Date of Decision: 14.11.2011 M/s Sondhi Ice Factory ...Petitioner Versus Authorised Officer United Bank of India ..Respondent CORAM: Hon'ble Mr. Justice Hemant Gupta Hon'ble Mr. Justice Gurmeet Singh Sandhawalia Present: Mr. Hitesh Kaplish, Advocate for the petitioner. Mr. Alok Jagga, Advocate for the respondent. Hemant Gupta, J. Challenge in the present petition is to the possession notice served under Section 13(4) of the Securitization Act, 2002 (for short `the Act') on 23.3.2011 (Annexure P-1). It is pointed out by the petitioner that earlier also bank has initiated proceedings under Section 13(4) of the Act which was challenged by the petitioner before Debts Recovery Tribunal vide application registered as SA No.146/2008. During the pendency of the said petition, proceeding under Section 13(4) of the Act was withdrawn which made the proceedings before the Debt Tribunal as infructous vide order Annexure P-3. Learned counsel for the petitioner contends that the petitioner should be permitted to revive the proceedings initiated earlier by the petitioner vide application bearing SA No.146/2008. Mr. Jagga has no objection if order (Annexure P-3) is set aside and the petitioner is permitted to amend his petition registered as SA No.146/2008 so as to incorporate the subsequent events and challenge the proceedings under Section 13(4) of the Act. In view of the said fact, order (Annexure P-3) is set aside. The parties to appear before the Tribunal on 28.11.2011 for further proceedings in accordance with law. The petitioner shall be at liberty to amend the CWP No. 6455 of 2011 -2- petition so as to incorporate the challenge to subsequent proceedings initiated by the bank against the petitioner. ( Hemant Gupta ) Judge (Gurmeet Singh Sandhawalia) 14.11.2011 Judge Meenu