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2010 DIGILAW 2043 (PNJ)

Baljit Kaur v. State Bank Of Patiala

2010-07-15

SURYA KANT

body2010
Judgment Surya Kant, J. 1. The petitioner seeks quashing of proceedings initiated by the respondent-Bank under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR FAESI). These proceedings have been initiated as the borrower namely-Harnam Singh, has failed to discharge the loan liability. The petitioner is a guarantor of said Harnara Singh. It appears that there are two shops, one exclusively owned by the borrower-Harnam Singh and the other jointly owned by the petitioner and Harnam Singh, which are stated to be mortgaged with the respondent-Bank. 2. On 12.5.2010, the petitioner gave an undertaking to bring a demand draft of Rs.1 lac in favour of the respondent-Bank. The petitioner however, has not honoured the said undertaking. It further appears that Bank is to recover about Rs.5,22,000/- from the borrower-Harnam Singh. In these circumstances, the present writ petition is disposed of with a direction to the respondent-bank that if there are two shops mortgaged with it and one of them is exclusively owned by the borrower-Harnam Singh, the respondent-Bank shall firstly dispose of that property in accordance with law/rules and if the loan is not fully liquidated, in that event only that the shop which is jointly owned by the petitioner and the borrower-Harnam Singh, shall be put to auction. However, if, there is only one shop which is mortgaged with the respondent-Bank, it may proceed against the same in accordance with law. Dasti.