C.W.P NO. 18281 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 18281 OF 2008 DECIDED ON : 30.04.2009 M/S B. J. Engineering Works ...Petitioner versus Punjab & Sind Bank and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Deepak Arora, Advocate, for the petitioner. Mr. I. P. Singh, Advocate, for the respondent-Bank. SURYA KANT, J. (ORAL) The petitioner seeks quashing of the notice dated 22.09.2008 (Annexure P-16), whereby proceedings under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 have been initiated. On October 22, 2008, the respondent-Bank was restrained from auctioning the petitioner's property subject to the undertaking given on behalf of the petitioner to clear the entire dues within six months. C.W.P NO. 18281 OF 2008 -2- While learned counsel for the petitioner claims that the entire dues as per the OTS, have already been deposited, learned counsel for the respondent-Bank submits that the OTS never materialized and therefore, the petitioner is still liable to pay about Rs.13 lacs. The petitioner has already approached the D.R.T, Chandigarh and has filed S.A. In this view of the matter and when there is a serious dispute on facts, the writ petition is dismissed with liberty to the petitioner to move an appropriate application before the D.R.T and/or pursue its S.A. Learned counsel for the respondent-Bank states that no coercive steps shall be taken against the petitioner for two weeks to enable it to approach the D.R.T. Let a copy of this order be given dasti on payment of usual charges. APRIL 30, 2009 (SURYA KANT) shalini JUDGE