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High Court of Punjab and Haryana · body

2025 DAILYLAW 3016 (PNJ)

BANK OF INDIA v. DR VIVEK BHARTI DEPUTY COMMISSIONER FATEHABAD

COCP/5999/2025 · 2026-01-12

Nidhi Gupta

body2025

Judgment text

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IN TH 107 Bank of In Dr. Vivek CORAM: Present:- NIDHI GU proceeding order dated this Court Haryana an following o COCP-5999-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR COCP No.5999 o Date of decision of India Versus ivek Bharti, Deputy Commissioner AM:- HON'BLE MS. JUSTICE NI Mr. Krishnam Gupta, Advocat for the petitioner. Mr. Naveen Kumar, Addl. A.G HI GUPTA J. (Oral) Learned counsel for the petiti eedings be initiated against the respon r dated 22.9.2025 (Annexure P-1) pass Court in CWP-21143-2023 titled as “ ana and others”, whereby the petitio wing observations :- “ xxx xxx xxx 3. In view of the a writ of mandamus direc (District Magistrate, Fa Naib Tehsildar) to e 26.04.2023 (Annexure 14 of SARFAESI Act possession of the secu 1 UNJAB AND HARYANA IGARH 5999 of 2025 (O & M) cision :-12.01.2026 …..Petitioner sioner, Fatehabad, Haryana. …..Respondent E NIDHI GUPTA dvocate (through VC) dl. A.G., Haryana. petitioner submits that contempt respondent for not complying the ) passed by a Division Bench of d as “Bank of India vs. State of petition was disposed of with the he above, this court by way of irects Respondent Nos. 2 and 3 e, Fatehabad and the concerned to execute the order dated ure P-4) passed under Section Act by handing over physical secured asset to the petitioner VIJAY ASIJA 2026.01.15 09.29 I attest to the accuracy and integrity of this document order was p COCP-5999-2025 (O & M) Bank as expeditiously within a period of 60 d thereafter, can procee legitimate means to liq recover the due amount 4. The petition fo disposed of in the terms that the guidelines laid in Bank of Maharasht Hisar And Others [CW 28.05.2024] be adher authorities. 5. We hasten to a however, be subject to order, which may have forum, in favour of th aggrieved person, who i On the last date of hearing i.e r was passed by this Court :- “Learned counse very outset, on instruct Court order dated 2 directing the responden 26.4.2023 by handing o the secured assets to th within 60 days, has b Inasmuch as of the thre one property already s petitioner; whereas remaining two properti the petitioner within one Adjourned to 12.1 2 usly as possible, preferably, 60 days. The petitioner (Bank), roceed to adopt all possible o liquidate the secured asset to ount. for the time being stands erms aforesaid. Needless to say laid down by Coordinate Bench ashtra Vs. District Magistrate, [CWP-7018-2022 decided on dhered to by the concerned to add that this order shall, ct to any restraint/interim/final ave been passed by any judicial f the borrowers/guarantor/any ho is party to this lis. ing i.e. 08.12.2025, the following unsel for the respondent, at the tructions, submits that the Writ d 22.9.2025 (Annexure P-1) ndent to execute the order dated ing over physical possession of to the petitioner-bank be done as been partly complied with. three properties, possession of dy stands handed over to the as the possession of the perties shall be handed over to n one week. 12.1.2026.” VIJAY ASIJA 2026.01.15 09.29 I attest to the accuracy and integrity of this document respondent handed ove dated 08.1. to the petit respondent the same a the respond petition. Writ Court with by th contempt p made by l petition is January 12 Vijay Asija Whether spea Whether Repo COCP-5999-2025 (O & M) Today, it is informed by ndent that the possession of all the sec ed over to the petitioner Bank. Copy 08.1.2026 reflecting the said handing e petitioner Bank is produced in Court ndent-State, which is taken on record ame at appropriate place in the paper espondent submits that thus, no cau Learned counsel for the petiti Court order dated 22.9.2025 (Annexu by the respondent-authority, nothin empt petition and the same may be disp In view of the above noted by learned counsel for the petitio ion is disposed of. Rule stands discharged. Pending application(s), if any, ary 12, 2026 r speaking/reasoned Yes / No r Reportable Yes / No 3 by learned counsel for the the secured assets have been duly Copy of the receipt in that regard anding over of the secured assets Court by learned counsel for the record. Registry to tag/paginate paper-book. Learned counsel for ause survives in the present petitioner submits that since the nnexure P-1) has been complied nothing survives in the present be disposed of. noted facts and the submissions petitioner, the present contempt if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.01.15 09.29 I attest to the accuracy and integrity of this document