JASBIR Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) (The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court)

(2.) The instant writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari, quashing notice dated 06.01.2021 (Annexure P-3) by respondent No.5, whereby the petitioner has been directed to vacate the property so that physical possession be given to respondent No.1 and further for issuance necessary directions to respondents to release/de-seal the properties of petitioner, which have been sealed illegally.

(3.) Succinctly, petitioner applied for loan with respondent-Bank and loan was sanctioned for 210 buffaloes, whereas petitioner was given Rs. 1,14,00,000/-for 120 buffaloes @ Rs.95,000/- per buffalo. Rest of the amount for remaining 90 buffaloes was not given to the petitioner. Petitioner was paying his installments of loan timely but still he has received a notice from the learned DRT-II, Chandigarh. Thereafter, petitioner came to know that respondent-bank has filed petition under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 for issuance of recovery certificate to proceed against the petitioner. On 08.01.2021, respondents came to the petitioner and threatened him to deliver physical possession of the property before 15.01.2021, but he told them that matter is already pending and nobody is authorised to proceed in the matter. Again on 15.01.2021, respondent came to the petitioner and provided copy of impugned notice dated 06.01.2021 and copy of order dated 08.01.2021 passed by this Court in CWP No.31 of 2021 (Annexure P-4), whereby the petitioner was asked to deliver the physical possession of the property to them and respondents forcibly took over the physical possession of the property.