C.W.P. No.12448 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12448 of 2011 Date of Decision. 18.07.2011 Surinder Chauhan son of Sh. Chet Ram Chauhan, resident of House No.9, Jagat Puri, Haibowal Kalan, Ludhaina presently residing at House No.11071, New Patel Nagar, Ludhiana ......Petitioner Versus Vijaya Bank, B.R.S. Nagar, Ludhiana through its Branch Manager and another .....Respondents Present: Mr. Gaurav Tangri, 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, who was directed by an order passed by this Court on 12.07.2011 that the remedy for the petitioner will be only by means of an appeal under Section 17 of SARFAESI Act before the Debt Recovery Tribunal, has stated that such an appeal has also been filed but since the Presiding Officer is holding the Court in Jaipur, there is no possibility of securing interim order and it is posted for taking possession today. 2. Learned counsel for the petitioner seeks for protection only for upto 21.07.2011. Direction is passed granting stay only upto 22.07.2011. 3. The writ petition is disposed of and the petitioner will pursue only before the DRT where it is stated that an appeal has been filed. This order has been passed under extraordinary circumstances and C.W.P. No.12448 of 2011 -2- taking in view hardship which the petitioner claims that he will be put if an order is not passed. This shall not be taken as a precedent or an adjudication on the merits of his claim stated in the writ petition. It will be dealt with independently by the DRT when the case is taken up by it. 4. A copy of this order be given to the counsel for the petitioner under the signature of Reader attached to this Court. (K. KANNAN) JUDGE July 18, 2011 Pankaj*