Authority: Hon'ble Justice Pankaj Purohit, High Court
Order Date: 15 June 2026
Case Overview
- Parties: Unnamed petitioner (plaintiff) vs. Punjab National Bank (respondent) with counsel Himanshu Pal (petitioner) and Siddharth Jain (respondent nos.2 & 3).
- Nature of Proceeding: Contempt petition alleging willful and deliberate contempt of a Division Bench order dated 05 July 2024 (SPA No.203 of 2024, Pramod Sharma and others vs. Punjab National Bank).
- Original Order (05‑07‑2024): Directed the respondent bank to maintain status‑quo with respect to an auction conducted on the petitioner’s residential property.
- Factual Background: The property had already been auctioned, but the court’s direction was to halt any further action and preserve the status‑quo of the auctioned property belonging to the petitioner.
- Bank’s Position: Counsel for the bank stated that the bank is not taking any further action on the residential house; it is only proceeding under Section 14 of the SARFAESI Act, 2002, to obtain physical possession of the petitioner’s property. If possession is sought, the petitioner must vacate the house.
- Court’s Observation: The order dated 05‑07‑2024 remains a status‑quo directive concerning the auction; consequently, the respondent‑bank has not violated that order.
Final Outcome
- The Hon'ble Justice Pankaj Purohit, through CLCON No.334 of 2026, upheld the status‑quo on the auctioned property, indicating that the bank’s actions under SARFAESI are permissible provided they do not contravene the earlier status‑quo order. The contempt allegation was addressed, and no contempt finding was recorded against the bank.
Topics: Contempt Petition, Banking Regulation