KANG MILK AND MILK PRODUCTS AND ANOTHER Vs. UNITED BANK OF INDIA AND OTHERS
LAWS(P&H)-2014-10-384
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 17,2014

Kang Milk And Milk Products And Another Appellant
VERSUS
UNITED BANK OF INDIA AND OTHERS Respondents

JUDGEMENT

HEMANT GUPTA,J. - (1.) The petitioners have invoked the writ jurisdiction of this Court, inter alia, claiming stay of proceedings before the Debts Recovery Tribunal-II, Chandigarh in an Original Application filed by the Bank under the Recovery of Debts Due to Bank and Financial Institution Act, 1993 (for short the Act) and also claiming a writ of mandamus declaring the classification of the account of the petitioner as a Non Performing Asset as illegal and also directing the Bank to offer benefit of non-discriminatory One Time Settlement scheme.
(2.) A perusal of the record shows that petitioner was served with a notice under Section 13(2) of the Securitization and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (for short the SARFAESI Act) on 24.08.2013 (Annexure P-5). The petitioner is said to have filed objections to the said notice. It further appears that the objections were dismissed, as per the petitioners, on flimsy grounds but neither the objections nor the reasons communicated by the Bank are placed on record.
(3.) Thereafter, the Bank has published a public notice on 05.10.2013(Annexure P-6).;


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