IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.20992 of 2008 Date of Decision : December 01, 2010. Gurdial Singh .....Petitioner versus State Bank of India and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.S.Bhatia, Advocate, for the petitioner. Mr.S.S.Pathania, Advocate, for respondent No.1. -.- 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? --- Surya Kant, J. (Oral) The petitioner impugns the action taken by the respondent- bank under Section 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the 2002 Act') in terms whereof the District Magistrate has passed an order dated 17.11.2008 for securing possession of House No.96-R, Industrial Area-B, Ludhiana, in favour of the respondent-bank. One of the contentions raised on behalf of the petitioner is that he is neither a guarantor nor the borrower and that he is a co-owner of the said house to the extent of 50% alongwith his brother-borrower. The stand C.W.P.No .20992 of 2008 2 taken by the bank appears to be that the house is owned by the firm who is a mortgagor. Having heard learned counsel for the parties and keeping in view the decision of the Hon'ble Supreme Court dated 26.7.2010 in Civil Appeal No.5990 of 2010 (United Bank of India versus Satyawati Tondon and others), as also the fact that the issues raised herein-above can be effectively adjudicated upon the Debt Recovery Tribunal on the basis of the evidence to be led by the parties, I deem it appropriate to dispose of this writ petition by relegating the petitioner to approach the Debt Recovery Tribunal under Section 17 of the Act. Ordered accordingly. Meanwhile, the interim order dated December 15, 2008 passed by this Court shall continue to operate for the period of one month from the date of receiving a certified copy of this order. Dasti. December 01, 2010 (SURYA KANT) Mohinder JUDGE