CWP-6872 of 2023 IN VARUN RAHE DEPUTY KURUKSHET CORAM: HO H Present : Mr Mr Mr Mr SHEEL NAGU 1. Th no.1 to 4 are th and are also th respondent–Ban Assets and Enf Act’). 2. Le no.4/Bank is i borrowers but a 3. It 2022, titled “D IN THE HIGH COURT OF PUN AT CHANDIGA RAHEJA AND OTHERS. V/S COMMISSIONER-CUM-DI SHETRA AND ORS. : HON’BLE MR. JUSTICE SHEE HON’BLE MR. JUSTICE SAN Mr. Deepinder Singh Patwalia, Seni Mr. Gaurav Rana, Advocate for the Mr. Rakesh Gupta, Advocate for the Mr. Neeraj Gupta, Addl. Advocate G **** AGU, CHIEF JUSTICE (Oral) The petitioners, who are six in n are the borrowers, petitioners No.5 & also the guarantors, who have challe Bank u/s 13(4) of the Securitization d Enforcement of Security Interest A Learned senior counsel for the p k is in fact proposing to liquidate s but also of guarantors. It is further contended that since led “Deepti Raheja vs. Varun”, has b PUNJAB & HARYANA DIGARH CWP-6872 of 2023 Date of decision: 30.10.202 ….Petitione DISTRICT MAGISTRATE … Responden HEEL NAGU, CHIEF JUSTICE SANJIV BERRY, JUDGE a, Senior Advocate with or the petitioners. for the respondent no.4/Bank. ocate General, Haryana. x in number, out of which petitione o.5 & 6 are the legal heir of borrower challenged the recourse taken by th tization and Reconstruction of Financi erest Act, 2002 (for short, ‘SARFAES the petitioner submits that responde uidate all the properties not only o since the civil suit bearing No. 557 o , has been dismissed as withdrawn o 1 .2025 itioners RATE, ondents titioners rrowers, by the inancial FAESI pondent only of . 557 of awn on KAMAL GANDHI 2025.11.07 14:04 I attest to the accuracy and integrity of this document CWP-6872 of 2023 10.10.2023, the respondent no.4 borrowers but borrowers’ prop 4. Th respondent-Ban particularly wh liable. 5. Th Court for enter (Please see:- 3413 (Para 17 Vidya Mandir Educational So 22 to 41) 6. In and relegates th Debts Recover Recovery Appe are so advised. 7. It 29.03.2023, thi secured assets, Although, the Rs.40,00,000/ 23, the property of the borrowers is nt no.4/ Bank is still insisting on liqu s but also of the guarantors, instead s’ property alone. This Court cannot interfere with Bank in choosing which mortgage rly when both the borrower and the g The Apex Court has time and ag r entertaining writ petitions in matter United Bank of India vs. Saty ra 17, 27) ; Phoenix ARC Privat andir and others, (2022) 5 SCC 34 nal Society versus UCO Bank and In view of the above, this Court d ates the petitioner to avail alternative covery Tribunal u/s 17 of the SARF Appellate Tribunal under Section 18 vised. It is pertinent to point out th 23, this Court had stayed the disposse assets, subject to their making regula , the petitioners complied with ,000/-, they failed to continue ma ers is no longer encumbered, howeve n liquidating properties not only of th instead of proceeding first against th with the discretion exercised by th rtgaged property it seeks to liquidat the guarantor are jointly and several nd again come down heavily on Hig matters pertaining to SARFAESI Ac . Satyawati Tondon, (2010) AIR S Private Limited vs. Vishwa Bhara CC 345 (Paras 10, 21) ;PHR Inven and others, 2024 (6)SCC 579 (Para ourt declines interference in this matt native statutory remedy of approachin SARFAESI Act and thereafter Deb tion 18 of the said Act of 2002, if the ut that, by an interim order date ispossession of the petitioners from th regular monthly installment payment with the condition of depositin ue making the monthly installmen 2 owever, y of the inst the by the quidate, everally on High SI Act. IR SC Bharati Invent (Paras s matter oaching r Debts , if they r dated rom the yments. positing allments KAMAL GANDHI 2025.11.07 14:04 I attest to the accuracy and integrity of this document CWP-6872 of 2023 regularly. Cons the eyes of law. 8. In of, accordingly. 9. Al disposed of. 30.10.2025 Kamal Gandhi . Consequently, the restraint against di of law. In view of aforesaid observations dingly. All pending Civil Miscellaneous Whether speaking/reasoned Yes/No Whether reportable Yes/No inst dispossession no longer survives ations, present petition stands dispose neous application(s), if any, also stan (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE es/No 3 vives in isposed o stand KAMAL GANDHI 2025.11.07 14:04 I attest to the accuracy and integrity of this document