C.W.P. No.15011 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.15011 of 2009 Date of decision:25.09.2009. Khadi Sadan, Naya Gaon ...Petitioner Versus Punjab National Bank and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. K.S.Jetley, Advocate, for the petitioner. ***** JASBIR SINGH, J. (ORAL). This writ petition has been filed with a prayer to quash notice dated 16.09.2009 issued by respondent No.4. Perusal of the record indicates that the petitioner has defaulted in repayment of the loan. When proceedings were initiated under Section 13(2) & (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioner went before the Debt Recovery Tribunal laying challenge to the action initiated by the respondent – Bank. On 30.03.2009, following order was passed by the Debt Recovery Tribunal: - “In this case, possession of the property in question has been taken by the bank. There is no urgency in the matter. There is no assertion by the learned counsel that bank is going to take any steps for sale of the property.” It is contention of counsel for the petitioner that thereafter auction notice was issued on 22.08.2009. On coming to know about that notice, petitioner filed an application for interim stay before the Debt C.W.P. No.15011 of 2009 -2- Recovery Tribunal, upon which, notice was issued for 22.09.2009. Thereafter, the matter was adjourned to 06.11.2009. Under these circumstances, this writ petition has been filed. This Court is of the opinion that in this writ petition, no relief can be granted to the petitioner. However, if the petitioner wants that some order be passed on the interim stay application, filed by him before the Debt Recovery Tribunal, he may move an application for preponing the date from 06.11.2009. If an application is moved by the petitioner, the Debt Recovery Tribunal will prepone the date and decide the interim stay application of the petitioner forthwith. Disposed of. September 25, 2009 (JASBIR SINGH) vinod* JUDGE