RAM MANI PANDAY Vs. PNB HOUSING FINANCE LTD

JUDGEMENT

(1.) THE writ petition was filed seeking to restrain the respondent no.1 M/s P.N.B. Housing Finance Limited from taking any action under the Securitization and Reconstruction of Financial Assests and Enforcement of Security Interest (SARFAESI) Act, 2002 with respect to the property constructed on Plots no.D-1 and D-2, Dilshad Colony, Delhi ? 110 095 and for quashing all actions already taken and from visiting, trespassing or damaging the said property. THE petitioner also claims compensation for the damage caused to him.

(2.) THE petition came up before this Court first on 25 th March, 2008 when the Judge was not holding the Court and the same was adjourned to 21 st May, 2008. THE petitioner filed an application for early hearing and which was listed on 2nd April, 2008 when early hearing was allowed and the writ petition taken up for hearing and notice thereof issued and vide ex parte order a Court Commissioner appointed to visit the property and to report on occupation thereof and status quo qua title, possession and construction of the property ordered.

(3.) THE petitioner appearing in person and the counsel for the respondent no.1 and the counsel for the respondent no.2 have been heard.