CWP No.5971 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.5971 of 2010 Date of decision April 1, 2010 Preet Mohinder Singh ....... Petitioner Versus Vijaya Bank and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. C. L. Verma , Advocate for the petitioner. **** 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 seeks for quashing of notice issued under Section 13 (4) of the SARFAESI Act, 2002 on a contention that he is a purchaser of the property from the judgment debtor in good faith and therefore, the property shall not be sold. Question of bona fides does not arise in the case where it has already been a subject of mortgage by deposit of title deed with the financial institution. The right of enforcement which is available by creditor shall be independent of any sale or encumbrances that is sought to be created by the borrower subsequent to the mortgage. The further contention of the petitioner is that the property is a residential house and cannot therefore be a matter of attachment, is wholly misplaced. In an enforcement of security under SARFAESI Act, there is no procedure for attachment and sale. His reliance to the interdict under Section 60 of the Code of Civil Procedure is therefore not CWP No.5971 of 2010 2 tenable. The petitioner shall not have any remedy before this Court. 2. The writ petition is , therefore, dismissed. (K. KANNAN) JUDGE April 1, 2010 archana