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2025 DAILYLAW 56546 (PNJ)

RAM LUBHAYA v. STATE OF PUNJAB AND OTHERS

CWP/15026/2020 · 2025-07-09

Anupinder Singh Grewal, Deepak Manchanda

body2025

Judgment text

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CM-9473-CWP-2025 in/and CWP-15026-2020 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 130 CM-9473-CWP-2025 in/and CWP-15026-2020 (O&M) Date of decision : 09.07.2025 Ram Lubhaya ... Petitioner Versus State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON'BLE MR. JUSTICE DEEPAK MANCHANDA Present:- Mr. Akhilesh Vyas, Advocate forthe petitioner. Mr. Aftab Singh Khara, Senior DAG, Punjab. Mr. Akshay Jain, Advocate for the respondents No.3 and 4. *** Anupinder Singh Grewal, J. (Oral) CM-9473-CWP-2025 This is an application for preponement of the date of hearing. Learned counsel for the applicant-petitioner submits that the petitioner is being dispossessed from his residential house today itself and therefore, the date of hearing be preponed. Issue notice to the non-applicant-respondents. Mr. Akshay Jain, Advocate accepts notice on behalf of the respondents No.3 and 4 and submits that he has no objection if the date of hearing is preponed. With the consent of the learned counsel for the parties, the date of hearing in the main case is preponed and it is taken up for hearing today itself. The application stands allowed. Main case Learned counsel for the petitioner submits that the petitioner had taken loans for an amount of about Rs.18 lacs. He had been repaying the same but later due to financial difficulty and Covid-19 pandemic, he could not pay some of the installments. He submits that the petitioner is ready to pay the outstanding amount KUMARI SAPNA 2025.07.10 04.40 I attest to the accuracy and integrity of this order/judgement CM-9473-CWP-2025 in/and CWP-15026-2020 (O&M) 2 but would require a period of three months to do so. He also submits that the petitioner shall pay a sum of Rs.2.5 lacs tomorrow itself and the remaining outstanding amount within a period of three months. He submits that the residential premises of the petitioner comprising a total area of 168 square yards had been mortgaged. 2. Learned counsel for the respondent-Bank upon instructions from Ms. Vandana Prashar, Assistant General Manager, SBI RACPC Branch, Amritsar submits that the petitioner should pay the entire outstanding amount within a period of three months from today. He submits that in the event of the petitioner paying the entire outstanding amount within a period of three months from now, his loan account would be settled. 3. In view of the above, we deem it appropriate to dispose of the petition with the direction that the petitioner shall pay a sum of Rs.2.5 lacs by 12:00 noon tomorrow and would pay the outstanding amount within a period of three months from now. In the event of the petitioner doing so, his loan account would be settled by the respondent-Bank. 4. It is however, clarified that if the petitioner does not make the payment as per the afore-noted schedule, he would hand over the vacant possession of the premises on or before 10.10.2025 and the respondent-Bank would be at liberty to pursue action under the SARFAESI Act. 5. Pending miscellaneous application(s) shall also stand disposed of. (ANUPINDER SINGH GREWAL) JUDGE (DEEPAK MANCHANDA) JUDGE 09.07.2025 sapna Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMARI SAPNA 2025.07.10 04.40 I attest to the accuracy and integrity of this order/judgement