IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-4073-2021

Reserved on: 23.02.2022

Date of Decision: 03.03.2022

Inderpreet Kaur

. . . . Petitioner

Vs.

Oriental Bank of Commerce & Ors.

. . . . Respondents

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CORAM: HON9BLE MR JUSTICE M.S. RAMACHANDRA RAO

HON9BLE MR JUSTICE H.S. MADAAN

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Present: -

Mr. Navjinder S Sidhu, Advocate for the petitioner

Mr. Gaurav Goel, Advocate for respondents No.1 to 3

Mr. GS Wasu, Sr. Standing Counsel, with

Mr. Sandeep Singh, Advocate for respondent No.4

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M.S. RAMACHANDRA RAO, J.

The back ground facts

One Pardeep Aggarwal and Simmi Aggarwal had purchased Flat

No.2852/1, First Floor, LIG, Sector 47-C, Chandigarh vide a title deed

No.281 dt. 09.04.2010. They had mortgaged the said property to the Oriental

Bank of Commerce.

Since the bank loan was not paid, proceedings under the

Securitization and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 [for short 8the SARFAESI Act9] were initiated by

the said bank and an e-auction notice dt. 08.12.2019 was issued by the said

bank proposing to sell the said asset on 27.12.2019 along with certain another

assets.

VIVEK PAHWA

2022.03.04 11:55

I attest to the accuracy and

integrity of this document

The petitioner in this Writ Petition became a highest bidder

quoting 26,20,000/- and deposited 6,55,000/- on 31.12.2019.

The petitioner paid the balance of sale consideration as well and

the sale certificate dt. 21.03.2020 was issued in favour of the petitioner by the

said bank. The sale certificate specifically states that the property is sold free

from all encumbrances.

The Oriental Bank of Commerce was amalgamated with the

Punjab National Bank w.e.f. 04.03.2020, pursuant to a Gazette Notification

issued by the Department of Financial Services, Ministry of Finance,

Government of India.

On 11.05.2020, Punjab National Bank (respondent No.1) wrote

a letter to the Sub Registrar, Chandigarh for registration of the property sold

by respondent No.1 in favour of the petitioner.

Thereafter, registration of the property was also done in the

petitioner9s name on 27.05.2020 and a registration certificate dt. 27.05.2020

was issued to the petitioner by the Sub Registrar, Chandigarh.

The petitioner also applied to the Chandigarh Housing Board

(respondent No.4) on 29.01.2020 to issue 8No Objection Certificate9 to her in

respect of the said property.

In reply thereto vide letter dt. 26.05.2020 (P8), respondent No.4

stated that a Civil Suit No.11235/2013 had been decreed in favour of one

Jaspal Singh on 31.03.2017 by the Civil Judge (Jr. Divn.), Chandigarh and a

decree of recovery of money of 12,00,000/- with interest @ 9% per annum

was within the knowledge of respondent No.4, and the petitioner should

clarify the position whether the said decree was complied with or not.

VIVEK PAHWA

2022.03.04 11:55

I attest to the accuracy and

integrity of this document

On 10.06.2020, the petitioner again made a formal application

for transfer of the property in her name quoting the sale under the Sale

Certificate dt. 21.03.2020 in her favour and its registration on 10.06.2020 by

the Sub Registrar, UT, Chandigarh, and enclosed the copies of the requisite

documents.

But respondent No.4 again wrote to the petitioner on 30.7.2020

that since the decree from the Court relates to the property in question, its

compliance is required prior to proceeding further in the matter, and the

petitioner should inform about the compliance of the Civil Court decree

referred to above in favour of the plaintiff therein.

The respondent No.1-bank also requested respondent No.4 to issue

NOC to the petitioner since the