CWP No.20438 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20438 of 2010 Date of Decision: 17.11.2010 **** Rai Singh . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. NPS Mann, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner was served with a notice dated 26.11.2009 (Annexure P3) issued by the respondent-Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘the Act’). The petitioner is said to have sent his reply/objections by way of affidavit dated 14.01.2010 through Registered Post. It is alleged that without passing any order under Section 13(3A) of the Act, the respondent-Bank is taking measures to auction the ‘secured assets’ in CWP No.20438 of 2010.doc - 2 – total disregard to the law laid down by the Hon’ble Supreme Court in Mardia Chemicals Ltd. & Ors. v. Union of India & Ors, (2004) 4 SCC 311. (2). Having heard learned counsel for the petitioner and considering the above-stated plea taken by him, I deem it appropriate to dispose of this writ petition with a direction to the competent authority and/or the Branch Manager of the State Bank of India, Dasuya Branch, to consider and dispose of the petitioner’s objection(s) in accordance with law. In case the Bank has already passed an order under Section 13(3A) of the Act, the same shall be communicated forthwith and before taking any coercive steps to recover the dues. (3). On receipt of the above-stated order and if any action under Section 13(4) is taken, the petitioner shall be at liberty to approach the Debt Recovery Tribunal in accordance with law. (4). Disposed of accordingly. Dasti. 17.11.2010 vishal shonkar (SURYA KANT) JUDGE CWP No.20438 of 2010.doc - 3 –