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2025 DAILYLAW 35129 (HP)

MUKESH KUMAR v. PUNJAB NATIONAL BANK

CWP/20914/2025 · 2025-12-30

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2025

Judgment text

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( 2025:HHC:45837 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20914 of 2025 Decided on: 30.12.2025 Mukesh Kumar ....Petitioner Versus Punjab National Bank ....Respondent Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting?1 For the Petitioner : Mr. Servedaman Rathore, Advocate. For the Respondent : Mr. Sanjay Dalmia, Advocate. G.S. Sandhawalia, Chief Justice (Oral). Challenge in the present writ petition is to the Impugned Sale Notice dated 12.11.2025 (Annexure P-2) of the mortgaged property of the petitioner. 2. Counsel for the respondent-Bank has placed on record the Demand Notice dated 03.07.2025 issued under Section 13(2) of the Security Inerest (Enforcement) Rules, 2002, whereby the amount of Rs.1,84,46,516.37/- (Rs. One Crore Eighty Four Lakh Forty Six Thousand Five Hundred Sixteen and Paisa Thirty Seven Only) was due on 12.06.2025. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 3. In pursuance to the same, the Possession Notice dated 18.09.2025 had been issued and has also been placed on record. The publication of the sale notice for the mortgaged property in the press was released on 12.11.2025, whereby House No.3197, Sector-37-D, Chandigarh measuring 169 square yards owned by the petitioner is sought to be auctioned with the reserve price of Rs.292.00 lakh. 4. It is not disputed that the petitioner has already approached the Debts Recovery Tribunal (DRT) against the said notice and has assailed the Sale Notice by way of filing the Securitization Application before the Presiding Officer (Debts Recovery Tribunal-II), Chandigarh bearing SA/774 of 2025 titled Mukesh Kumar Vs. PNB and the same is stated to have now been adjourned to 02.01.2026, on account of non-availability of the Presiding Officer. 5. Counsel for the respondent-Bank has submitted that the Presiding Officer (Debts Recovery Tribunal-II), Chandigarh is on leave. It is also submitted that the Presiding Officer, DRT-I is holding the charge of Presiding Officer, DRT-II and is only hearing the mention matters, in case of urgency. 3 6. In such circumstances, the liberty as such is given to the petitioner to make a mention before the Debts Recovery Tribunal (DRT), Chandigarh by today itself. 7. Accordingly, the present petition stands disposed of with aforesaid liberty, so also pending application(s), if any. (G.S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 30th December, 2025 (Munish Thakur)