SIMRATA KUMARI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is an auction purchaser in proceeding initiated by secured creditor under Section 13 of the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'). In pursuance of the highest bid of the petitioner for a sum of Rs.72.50 lacs, the sale certificate stands issued to the petitioner on 09.02.2011.

(2.) Prior to the auction in which, the petitioner was found to be highest bidder, the Bank has sought police help from the District Magistrate at the time of delivery of physical possession. The District Magistrate ordered on 22.12.2010 to provide police help and also deputed Tehsildar as the Duty Magistrate, but in spite of the fact that the petitioner is the purchaser of secured assets and that the Bank has sought the police help still the police help was not being provided, which led the petitioner to invoke the jurisdiction of this Court.

(3.) In reply, on behalf of respondents No.1 and 2 through Assistant Commissioner of Police, it is averred that the counsel for the Bank was advised to seek demarcation of property in question because the passage leads to the disputed property is under the ownership of other party.