CWP-20351-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA Harjinder Kaur Punjab & Sind Bank, Jandiala Guru CORAM: HON'BLE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. earlier one in the shape of CWP of this Cour re-produced below : husband of the petitioner had taken cash credit limit facility in the year 2016. The limit was being maintained as per the norms and he had not defaulted in making the payments. He unfortunately passed away petitioner is maintaining the CCL account and has complied with the terms and conditions set out therein. However, the 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Harjinder Kaur Versus Punjab & Sind Bank, Jandiala Guru and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Jaswinder Singh Grewal, Advocate, for the petitioner. Mr. Gaurav Goel, Advocate (arguing counsel), and Mr. Ajay Singh Rana, Advocate, for respondent No.1. Mr. Salil Sabhlok, Senior DAG, Punjab. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) This is petitioner’s second round of litigation, after exhausting the earlier one in the shape of CWP-24685-2024, where Court passed order dated 26.09.2024 (Annexure P produced below : “Learned counsel for the petitioner submits that husband of the petitioner had taken cash credit limit facility in the year 2016. The limit was being maintained as per the norms and he had not defaulted in making the payments. He unfortunately passed away on 22.05.2021 and thereafter the petitioner is maintaining the CCL account and has complied with the terms and conditions set out therein. However, the -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20351-2025 Date of decision : 21.07.2025 …….Petitioner and others ...….Respondents MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY , Advocate, Mr. Gaurav Goel, Advocate (arguing counsel), and Mr. Ajay Singh Rana, Advocate, Mr. Salil Sabhlok, Senior DAG, Punjab. ( Oral ) is is petitioner’s second round of litigation, after exhausting the 2024, wherein the Co-ordinate Bench t passed order dated 26.09.2024 (Annexure P-8), which is being “Learned counsel for the petitioner submits that husband of the petitioner had taken cash credit limit facility in the year 2016. The limit was being maintained as per the norms and he had not defaulted in making the payments. He on 22.05.2021 and thereafter the petitioner is maintaining the CCL account and has complied with the terms and conditions set out therein. However, the 2025 .2025 …….Petitioner ...….Respondents is is petitioner’s second round of litigation, after exhausting the ordinate Bench 8), which is being NAROTAM DASS 2025.07.22 10:37 I attest to the accuracy and authenticity of this order/judgment CWP-20351-2025 account has been arbitrarily declared as NPA with effect from 31.03.2024. 2. 3. and submits that CCL facility was given against the available stock which was in the name of M/s EK Onkar Satnam Filling Station but after the death of the husband of the petitioner, the firm was no there is no stock. He, however, submits that he has received instructions from the Chief Manager that in the event of the petitioner approaching them with a regularize the cash credit limit account with a pr fulfill all bank formalities, the same shall be forwarded to the competent authority for necessary action. The physical possession shall not be taken till the final decision of the competent authority. He also submits that order under Section 14 o passed/received and as such the bank will not proceed to take the physical possession of the secured asset till the receipt of the order from the competent authority. 4. dispo move her representation before the respondent a period of two weeks from today for regularization of the CCL account and the Bank shall forward the same to the competent authority for its c 5. respondent will not take physical possession. 6. 2. making representation dated 08.10.2024 (Annexure P cum – Naib Tehsildar, Jandiala Guru, Amritsar, has issued notice dated 2025 account has been arbitrarily declared as NPA with effect from 31.03.2024. 2. Issue notice to the respon 3. Learned counsel for the respondent and submits that CCL facility was given against the available stock which was in the name of M/s EK Onkar Satnam Filling Station but after the death of the husband of the petitioner, the firm was not operational and, therefore, there is no stock. He, however, submits that he has received instructions from the Chief Manager that in the event of the petitioner approaching them with a regularize the cash credit limit account with a pr fulfill all bank formalities, the same shall be forwarded to the competent authority for necessary action. The physical possession shall not be taken till the final decision of the competent authority. He also submits that order under Section 14 of the SARFAESI Act has not been passed/received and as such the bank will not proceed to take the physical possession of the secured asset till the receipt of the order from the competent authority. 4. In view of the above, we deem it appropriate to dispose of the petition with a liberty to the petitioner to move her representation before the respondent a period of two weeks from today for regularization of the CCL account and the Bank shall forward the same to the competent authority for its consideration. 5. Till the order is passed by the competent authority, respondent will not take physical possession. 6. Petition is disposed of accordingly.” It is submitted by learned counsel for the petitioner that despite making representation dated 08.10.2024 (Annexure P Naib Tehsildar, Jandiala Guru, Amritsar, has issued notice dated -2- account has been arbitrarily declared as NPA with effect Issue notice to the respondent. Learned counsel for the respondent-Bank appears and submits that CCL facility was given against the available stock which was in the name of M/s EK Onkar Satnam Filling Station but after the death of the husband of t operational and, therefore, there is no stock. He, however, submits that he has received instructions from the Chief Manager that in the event of the petitioner approaching them with a written request to regularize the cash credit limit account with a promise to fulfill all bank formalities, the same shall be forwarded to the competent authority for necessary action. The physical possession shall not be taken till the final decision of the competent authority. He also submits that order under f the SARFAESI Act has not been passed/received and as such the bank will not proceed to take the physical possession of the secured asset till the receipt of the order from the competent authority. In view of the above, we deem it appropriate to se of the petition with a liberty to the petitioner to move her representation before the respondent-Bank within a period of two weeks from today for regularization of the CCL account and the Bank shall forward the same to the onsideration. Till the order is passed by the competent authority, respondent will not take physical possession. Petition is disposed of accordingly.” It is submitted by learned counsel for the petitioner that despite making representation dated 08.10.2024 (Annexure P-9), the Duty Magistrate Naib Tehsildar, Jandiala Guru, Amritsar, has issued notice dated It is submitted by learned counsel for the petitioner that despite 9), the Duty Magistrate – Naib Tehsildar, Jandiala Guru, Amritsar, has issued notice dated NAROTAM DASS 2025.07.22 10:37 I attest to the accuracy and authenticity of this order/judgment CWP-20351-2025 08.07.2025 (Annexure P requisite police force, so that possession of secured assets is taken on 24.07.2025. 2.1 copy, appears on behalf of the respondent representation made by the petitioner, as directed by Co Court on 26.09.2024 in CWP fifteen days, decision whereof shall be communicated to the petitioner, and only thereafter any c accordance with law. 3. respondent matter. 4. July 21, 2025 narotam Whether speaking/reasoned Whether reportable 2025 08.07.2025 (Annexure P-10) requesting the requisite police force, so that possession of secured assets is taken on 24.07.2025. At this juncture, learned counsel, Shri Gaurav Goel, on advance copy, appears on behalf of the respondent – representation made by the petitioner, as directed by Co Court on 26.09.2024 in CWP-24685-2024, shall be decided within a period of fifteen days, decision whereof shall be communicated to the petitioner, and only thereafter any coercive step will be taken against the petitioner in accordance with law. In view of aforesaid assurance given by learned counsel for the respondent – Bank, this Court deems it appropriate not to proceed in this Accordingly, the petition stands disposed of. July 21, 2025 Whether speaking/reasoned Whether reportable -3- 10) requesting the concerned SHO to provide requisite police force, so that possession of secured assets is taken on At this juncture, learned counsel, Shri Gaurav Goel, on advance – Bank and assures that the afores representation made by the petitioner, as directed by Co-ordinate Bench of this 2024, shall be decided within a period of fifteen days, decision whereof shall be communicated to the petitioner, and oercive step will be taken against the petitioner in In view of aforesaid assurance given by learned counsel for the Bank, this Court deems it appropriate not to proceed in this ands disposed of. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No concerned SHO to provide requisite police force, so that possession of secured assets is taken on At this juncture, learned counsel, Shri Gaurav Goel, on advance and assures that the aforesaid ordinate Bench of this 2024, shall be decided within a period of fifteen days, decision whereof shall be communicated to the petitioner, and oercive step will be taken against the petitioner in In view of aforesaid assurance given by learned counsel for the Bank, this Court deems it appropriate not to proceed in this NAROTAM DASS 2025.07.22 10:37 I attest to the accuracy and authenticity of this order/judgment