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2025 DAILYLAW 55448 (PNJ)

STATE BANK OF INDIA v. STATE OF PUNJAB AND ORS

CWP/13387/2025 · 2025-05-12

Anupinder Singh Grewal, Deepak Manchanda

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 118 STATE BANK OF INDIA STATE OF PUNJAB AND OTHERS CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH HON’BLE MR. JUSTICE Present: Mr. Mr. Aftab Singh Khara, Senior DAG, Punjab. ANUPINDER SINGH GREWAL, J. (ORAL) Learned counsel for the petitioner submits that the secured creditor and the CERSAI portal on 29.03.2008 illegally transferred the mo is her grandson by transfer deed dated 27.11.2024. Mutation been entered vide No.22580 dated 03.12.2024 (Annexu submits that as the petitioner h by issuing demand notice transferring the mo has preferred a representation No.3 in this regard and the No.3 to consider and decide the representation in a time bound manner. 2. Issue notice to respondents No.1 to IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13387-2025 DATE OF DECISION: STATE BANK OF INDIA Versus STATE OF PUNJAB AND OTHERS HON’BLE MR. JUSTICE ANUPINDER SINGH HON’BLE MR. JUSTICE DEEPAK MANCHANDA Mr. Chandeep Singh, Advocate for the petitioner. Mr. Aftab Singh Khara, Senior DAG, Punjab. ANUPINDER SINGH GREWAL, J. (ORAL) Learned counsel for the petitioner submits that the secured creditor and the charge qua the mortgaged property was entered in the CERSAI portal on 29.03.2008 (Annexure P-10). illegally transferred the mortgaged property in favour of by transfer deed dated 27.11.2024. Mutation vide No.22580 dated 03.12.2024 (Annexu submits that as the petitioner had initiated proceedings under the SARFAESI Act by issuing demand notice on 29.10.2015, the action transferring the mortgaged property is illegal. He also submits that the representation dated 03.04.2025 (Annexure P No.3 in this regard and the petition be disposed of with a direction to to consider and decide the representation in a time bound manner. Issue notice to respondents No.1 to 3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2025 DATE OF DECISION: 12.05.2025 … Petitioner (s) ... Respondent(s) HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL DEEPAK MANCHANDA , Advocate for the petitioner. Mr. Aftab Singh Khara, Senior DAG, Punjab. Learned counsel for the petitioner submits that the petitioner is a mortgaged property was entered in the . Thereafter, respondent No.5 has rtgaged property in favour of respondent No.10 who by transfer deed dated 27.11.2024. Mutation in this regard had vide No.22580 dated 03.12.2024 (Annexure P-11A/T). He further ad initiated proceedings under the SARFAESI Act action of the revenue authorities in He also submits that the petitioner dated 03.04.2025 (Annexure P-15) to respondent be disposed of with a direction to respondent to consider and decide the representation in a time bound manner. 3 only at this stage. ... Respondent(s) is a mortgaged property was entered in the has No.10 who had He further ad initiated proceedings under the SARFAESI Act in petitioner respondent respondent SWARNJIT SINGH 2025.05.12 17:10 I attest to the accuracy and integrity of this document CWP-13387-2025 3. At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy Advocate General, Punjab, accepts notice on 4. Heard. 5. In view of the limited prayer, the petition is disposed of with a direction to respondent 03.04.2025 (Annexure P within a period of two months from the date of receipt of certified copy of this order. 6. It is clarified that we are not expressing any opinion on the merits of the matter. This order shall h Court/Tribunal. 12.05.2025 SwarnjitS Whether speaking/reasoned Whether reportable 2025 At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy Advocate General, Punjab, accepts notice on behalf of respondents No.1 to Heard. In view of the limited prayer, the petition is disposed of with a direction to respondent No.3 to consider and decide the representation dated 03.04.2025 (Annexure P-15) in accordance with law expeditiously preferably within a period of two months from the date of receipt of certified copy of this It is clarified that we are not expressing any opinion on the merits of the matter. This order shall have no bearing on adjudication by the competent (ANUPINDER SINGH GREWAL) (DEEPAK MANCHANDA Whether speaking/reasoned : Yes / No Whether reportable : Yes / No -2- At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy behalf of respondents No.1 to 3. In view of the limited prayer, the petition is disposed of with a consider and decide the representation dated in accordance with law expeditiously preferably within a period of two months from the date of receipt of certified copy of this It is clarified that we are not expressing any opinion on the merits of ave no bearing on adjudication by the competent (ANUPINDER SINGH GREWAL) JUDGE DEEPAK MANCHANDA) JUDGE Yes / No Yes / No At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy In view of the limited prayer, the petition is disposed of with a consider and decide the representation dated in accordance with law expeditiously preferably within a period of two months from the date of receipt of certified copy of this It is clarified that we are not expressing any opinion on the merits of ave no bearing on adjudication by the competent SWARNJIT SINGH 2025.05.12 17:10 I attest to the accuracy and integrity of this document