SAVITA DEVI v. UNITY SMALL FINANCE BANK LIMITED AND ANOTHER
CWP/7196/2025 · 2025-03-24
Anupinder Singh Grewal, H S Grewal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34217 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34217 (PNJ) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. 115 CWP-7196-2025. Date of Decision: 24.03.2025. Smt. Savita ....Petitioner. VERSUS Unity Small Finance Bank Ltd. and another ....Respondents. ***
CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON'BLE MR. JUSTICE H.S. GREWAL --- Present: Mr. Vinish Singla, Advocate for the petitioner. Mr. Puneet Sirpaul, Advocate and Mr. Rajat Verma, Advocate for respondent No.1. Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Arun Gosain, Senior Panel Counsel for Union of India. **** ANUPINDER SINGH GREWAL, J. (Oral)
Learned counsel for the petitioner submits that the husband of the petitioner had taken a loan of Rs.49,44,000/- from respondent No.1. Her husband had unfortunately expired on 20.12.2023 but prior thereto he was paying all the installments. The petitioner was in financial difficulty after the demise of her husband. He also submits that her husband had obtained a life insurance policy from respondent No.2 at the behest of respondent No.1, but respondent No.2 did not make the payment in terms of the policy, compelling the petitioner to prefer a consumer complaint, which is pending adjudication before the District Consumer Disputes Redressal Commission. He further submits that petitioner is in the process of filing a Securitization Application JITENDER 2025.03.24 16:01 I attest to the accuracy of this document PHHC
CWP-7196-2025 -2- but the same would not be listed due to non-function of DRT-II, therefore, the petitioner be protected from coercive steps till her Securitization Application is considered.
2.
Learned counsel for respondent No.1 submits that only an application under Section 14 of the SARFAESI Act, has been filed before the Magistrate and the respondents have not initiated any other steps at this stage.
3. At this juncture, Mr. Satyapal Jain, learned Additional Solicitor General of India submits that vide order dated 20.03.2025, the Central Government has entrusted the additional charge for the post of Presiding Officer, Debts Recovery Tribunal-II, Chandigarh, to Shri Anand Sagar Narang, Presiding Officer, Debts Recovery Tribunal-I, Chandigarh, w.e.f. 14.02.2025 for a period of six months.
4. At this stage, learned counsel for the petitioner submits that he may be permitted to withdraw this petition with liberty to file a Securitization Application.
5. The petition is dismissed as withdrawn with aforesaid liberty.
(ANUPINDER SINGH GREWAL) JUDGE (H.S. GREWAL)
JUDGE 24.03.2025 jitender Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No JITENDER 2025.03.24 16:01 I attest to the accuracy of this document PHHC