Supreme CourtFull Bench(2009) 05 SC CK 0023

Punjab National Bank and Another vs Imperial Gift House and Others

Supreme Court Of India · Decided on 14 May 2009

HON’BLE JUDGES
G. S. Singhvi, J · B. S. Chauhan, J · B. N. Agrawal, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 3563 of 2009 (Arising out of S.L.P. (C) No. 8766 of 2008)

AI Structured Summary

Not yet generated for this judgment

Judgment

4 paragraphs · 146 words
1.

Leave granted.

2.

Heard learned Counsel for the parties.

3.

By the impugned order, in effect and substance, the High Court has quashed notice issued by the bank u/s 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, [for short, "the Act"]. Upon receipt of notice, respondents filed representation u/s 13(3)(A) of the Act, which was rejected. Thereafter, before any further action could be taken u/s 13(4) of the Act by the Bank, the writ petition was filed before the High Court. In our view, the High Court was not justified in entertaining the writ petition against the notice issued u/s 13(2) of the Act and quashing the proceedings initiated by the bank.

4.

Accordingly, the appeal is allowed, impugned order passed by the High Court is set aside and the writ petition filed before it is dismissed.