M/S SHREE HARGOBIND RICE MILLS v. PUNJAB AND SIND BANK AND ORS
CWP/26471/2021 · 2025-09-24
Sanjiv Berry
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87751 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87751 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 CWP-26471of 2021
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP-26471 of 2021 (O &M) Date of decision: 24.09.2025
M/S SHREE HARGOBIND RICE MILLS ….Petitioner V/S PUNJAB AND SIND BANK AND ORS … Respondents
CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE
Present:- Mr. Tarun Deora , Advocate for the petitioner.
Mr. Anant Bir Singh Sidhu, Advocate, for respondent no. 1. (through V.C.)
Mr. Saurabh Gupta, Advocate for
Mr. Sarthak Gupta, Advocate for respondent no.2
Mr. Vivek Sheoran, Advocate for respondent no.4.
Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab.
**** SHEEL NAGU, CHIEF JUSTICE (Oral)
1.
Sh. Tarun Deora, Advocate appears on behalf of the petitioner and has filed his memo of appearance, which is taken on record.
2.
The petitioner-borrower in this petition has challenged the auction notice dated 04.10.2021 (Annexure P-1), issued by the respondent-bank as one of the recourses u/s 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity). This Court while taking cognizance of the matter on 22.12.2021 had restrained the respondent-Bank from issuing the Sale Certificate to the respondent no.4-acution purchaser.
3.
Learned counsel for the petitioner did not appear in this case on 18.09.2023, 25.01.2024, 14.10.2024, 27.05.2025 and also on 21.08.2025.
KAMAL GANDHI 2025.09.25 18:07 I attest to the accuracy and integrity of this document
2 CWP-26471of 2021
4.
It appears that after obtaining the interim order on 22.12.2021, the petitioner-borrower took advantage of the same and thereafter failed to diligently pursue the matter before this Court.
5.
In view of the above, the interim order does not deserve to be continued, as the petitioner appears to have taken this court for a ride.
6.
Accordingly, the interim order passed on 22.12.2021 stands vacated, with a liberty to petitioner to avail the remedy under the SARFAESI Act.
7.
With the aforesaid liberty, the present petition stands disposed of.
8.
All pending Civil Miscellaneous application(s), if any, also stand
disposed of.
(SHEEL NAGU) CHIEF JUSTICE
(SANJIV BERRY) JUDGE 24.09.2025 Kamal Gandhi
Whether speaking/reasoned Yes/No Whether reportable Yes/No KAMAL GANDHI 2025.09.25 18:07 I attest to the accuracy and integrity of this document