LAWS(P&H)-2019-10-281

BABITA MAHESHWARI Vs. DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

Decided On October 04, 2019
Babita Maheshwari Appellant
V/S
Debts Recovery Tribunal-Iii, Chandigarh Respondents

JUDGEMENT

(1.) Before coming to this Court, the petitioner had filed SA No.61 of 2018 which was disposed of by order dated 23.07.2018 which is reproduced as under:-

(2.) It is submitted that the respondent Bank has now issued a notice of fifteen days for the sale of immovable secured asset and affixed the said notice on the property of the petitioner as well. The petitioner has thus approached this Court to challenge the said notice by way of issuing a writ in the nature of certiorari.

(3.) We have heard counsel for the petitioner and after examining the record, are of the considered opinion that the writ petition is totally misconceived because the petitioner has already been protected by the Debts Recovery Tribunal-Ill, Chandigarh (for short, "the Tribunal") vide order dated 23.07.2018 in which it is categorically provided that until and unless the mortgaged property is demarcated by the Bank through the concerned Patwari, the possession cannot be taken thereof.