IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.8264 of 2010 Date of Decision : January 20, 2011. Canara Bank .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Aalok Jagga, Advocate, for the petitioner. Mr.Sudeepti Sharma, DAG, Punjab. Mr.Karan Nehra, Advocate, for respondent Nos.6 to 8. -.- 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-bank seeks a mandamus to direct the police authorities of Patiala to implement the order dated 21st November, 2007 (Annexure P-3) passed by the District Magistrate, Patiala in exercise of its powers under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the 2002 Act') Suffice it to observe that respondent Nos.6 to 8 are the borrowers whose accounts have been declared NPA and action under Section 13 of the 2002 Act has been initiated against them. It appears that the borrowers resisted their physical dispossession of the secured assets C.W.P.No .8264 of 2010 2 prompting the petitioner-bank to apply and obtain an order under Section 14 of the 2002 Act way back on 21st November, 2007 (Annexure P-3). The local police especially the S.H.O.Police Station Kotwali Killa Chowk, Patiala, has however, successfully stalled the implementation of the said order and refused to provide police assistance to the petitioner-bank compelling it to approach this Court. This Court would have taken a serious view of the matter warranting a suitable action against the police authorities for their prima- facie act of deliberate and persistent effort to set at naught the statutory order but for the fact that meanwhile the borrowers are said to have approached the Bank authorities to keep the action in abeyance as the entire loan liability or substantial part thereof shall be paid by them by March, 2011. A photostat copy of the communication dated 17th December, 2010 purportedly issued by the petitioner-bank has also been placed on record. In the light thereof, the writ petition is disposed of with the following directions:- i) The proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, shall remain in abeyance till 31.3.2011; ii) Respondent Nos.6 to 8 are directed to honour their commitment made to the petitioner-bank as contained in the letter dated 17.12.2010; iii) In the event of non-payment of the loan or substantial portion thereof by respondent Nos.6 to 8, the Senior C.W.P.No .8264 of 2010 3 Superintendent of Police, Patiala and the S.H.O., P.S. Kotwali, Killa Chowk, Patiala are directed to provide adequate police force/assistance to the petitioner-bank, forthwith to take physical possession of the 'secured assets'. Any reluctance, delay or obstruction shall be viewed seriously. Dasti. January 20, 2011 (SURYA KANT) Mohinder JUDGE