CWP No. 18911 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 18911 of 2011 Date of Decision: 28.11.2011 M/s Dastoor Restaurant ...Petitioner Versus Recovery Officer and another ..Respondents CORAM: Hon'ble Mr. Justice Hemant Gupta Hon'ble Mr. Justice G.S. Sandhawalia Present: Mr.S.S.Behl and Ms.Nidhi, Advocates for the petitioner. Mr. R.S.Bhatia, Advocate for the respondents. Hemant Gupta, J. Challenge in the present petition is to the order Annexure P-5 dated 16.9.2011 passed by the Recovery Officer-II (Debts Recovery Tribunal II), Chandigarh whereby request of the Bank for deferment of auction was declined. The Bank has sought deferment of the auction for the reason that Bank is considering One Time Settlement submitted by the borrower. We find that the order passed by the Recovery Officer to decline the request for postponing the auction when the Bank is considering One Time Settlement proposal, is wholly unwarranted and untenable. It shows lack of application of mind. The primary purpose of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 is to ensure timely payment of public money and not to deprive the borrowers of their property. CWP No. 18911 of 2011 -2- The said purpose is defeated by such an order passed by the Recovery Officer. Consequently, we set aside order Annexure P-5 and direct the Bank to consider One Time Settlement submitted by the petitioner expeditiously. The writ petition is disposed of accordingly. ( Hemant Gupta ) Judge (G.S. Sandhawalia) 28.11.2011 Judge Meenu