CWP-4675-2021 and connected matters IN THE HIGH COURT OF PUNJAB AND HARYANA (1) Akhtar Reserve Bank of India and others (2) Lakhbir Singh IDFC First Bank Limited and another (3) Vedova’s Herbal Care, Village Barotiwala, Ramour Ghat, Paonta Sahib, District Sirmour (Himachal Pradesh) Indian Bank and another (4) M/s Param Steel Industries, G.T. Road, Alour Khanna, District Ludhiana and others Reliance C (5) Maninder Jit Singh and others Yes Bank Limited and another (6) Harpreet Singh State Bank of India and another 2021 and connected matters IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus Reserve Bank of India and others Lakhbir Singh Versus IDFC First Bank Limited and another Vedova’s Herbal Care, Village Barotiwala, Ramour Ghat, Paonta Sahib, District Sirmour (Himachal Pradesh) Versus Bank and another M/s Param Steel Industries, G.T. Road, Alour Khanna, District Ludhiana and Versus Reliance Commercial Finance Ltd. Maninder Jit Singh and others Versus Yes Bank Limited and another Harpreet Singh Versus State Bank of India and another -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-4675-2021 …….Petitioner ...….Respondents CWP-23673-2021 ( O&M ) …….Petitioner ...….Respondents CWP-713-2022 ( O&M ) Vedova’s Herbal Care, Village Barotiwala, Ramour Ghat, Paonta Sahib, …….Petitioner ...….Respondents CWP-11908-2022 M/s Param Steel Industries, G.T. Road, Alour Khanna, District Ludhiana and …….Petitioners ...….Respondent CWP-15124-2022 …….Petitioners ...….Respondents CWP-18467-2022 …….Petitioner ...….Respondents 2021 …….Petitioner ...….Respondents 2021 ( O&M ) …….Petitioner ...….Respondents 2 ( O&M ) Vedova’s Herbal Care, Village Barotiwala, Ramour Ghat, Paonta Sahib, …….Petitioner ...….Respondents 2022 M/s Param Steel Industries, G.T. Road, Alour Khanna, District Ludhiana and …….Petitioners ...….Respondent 2022 …….Petitioners ...….Respondents 2022 …….Petitioner ...….Respondents NAROTAM DASS 2025.08.20 16:32 I attest to the accuracy and authenticity of this order/judgment CWP-4675-2021 and connected matters (7) M/s Shri Krishna Auto and others District Magistrate, Ludhiana and others (8) Sanjeev Kumar DCB Bank Ltd. and another (9) Suman Malhotra Authorized Officer, Central Bank of India and another (10) M/s Simran Ji Fabrics and others Canara Bank (11) M/s H.N. Enterprise Bank of India and others (12) M/s Balaji Trading Company and others Indian Bank 2021 and connected matters M/s Shri Krishna Auto and others Versus Magistrate, Ludhiana and others Sanjeev Kumar Versus DCB Bank Ltd. and another Suman Malhotra Versus Authorized Officer, Central Bank of India and another M/s Simran Ji Fabrics and others Versus Canara Bank and another M/s H.N. Enterprise Versus Bank of India and others M/s Balaji Trading Company and others Versus Indian Bank and another Date of decision : 12.08.2025 -2- CWP-18524-2022 ( O&M ) …….Petitioners ...….Respondents CWP-18539-2022 ( O&M ) …….Petitioner ...….Respondents CWP-20234-2022 …….Petitioner Authorized Officer, Central Bank of India and another ...….Respondents CWP-21565-2022 …….Petitioner ...….Respondents CWP-23293-2022 ( O&M ) …….Petitioner ...….Respondents CWP-24114-2022 …….Petitioner ...….Respondents Date of decision : 12.08.2025 2022 ( O&M ) …….Petitioners ...….Respondents 2022 ( O&M ) …….Petitioner ...….Respondents 2022 …….Petitioner ...….Respondents 2022 …….Petitioners ...….Respondents 2022 ( O&M ) …….Petitioner ...….Respondents 2022 …….Petitioners ...….Respondents NAROTAM DASS 2025.08.20 16:32 I attest to the accuracy and authenticity of this order/judgment CWP-4675-2021 and connected matters CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF HON'BLE MR. JUSTICE SANJIV BERRY Present: 2021 and connected matters CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF HON'BLE MR. JUSTICE SANJIV BERRY Ms. Swati Verma, Advocate, for Ms. Pratula Sethi, Advocate, for the petitioner in CWP-4675 Mr. Arun Jindal, Advocate, and Mr. Kanish Jindal, Advocate, for the petitioner in CWP-23673 Mr. Ashish Aggarwal, Senior Advocate, with Mr. Anmol Rattan S. Dhillon, Advocate, for the petitioner in CWP-713- Mr. Aalok Jagga, Advocate, and Mr. Harkirat Singh Jagdev, Advocate, for the petitioners in CWP-11908 Mr. K.S. Dadwal, Advocate, for the petitioners in CWP-15124 Mr. Atul Sharma, Advocate, and Mr. Tegheet Singh, Advocate, for the petitioner in CWP-20234 Mr. Nitin Grover, Advocate, and Mr. Ram Pal Kohli, Advocate, for respondents No.2 and 3 in CWP Mr. Aditya Grover, Advocate, for the respondent – Bank in CWP Mr. Ankush Bharti, Advocate, for Mr. K.K. Goel, Advocate, for the respondent – Bank in CWP Mr. Vipul Dharmani, Advocate, for the respondent in CWP-11908 Mr. Amit Rishi, Advocate, for the respondents in CWP-15124 Mr. Ankit Kaushal, Advocate, for respondents No.3 and 4 in CWP Mr. A.D.S. Sukhija, Advocate, for the respondents in CWP-18539 -3- CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Ms. Swati Verma, Advocate, for 4675-2021. Mr. Arun Jindal, Advocate, and 23673-2021. Mr. Ashish Aggarwal, Senior Advocate, with Mr. Anmol Rattan S. Dhillon, Advocate, -2022. Mr. Aalok Jagga, Advocate, and Mr. Harkirat Singh Jagdev, Advocate, 11908-2022. 15124-2022. Mr. Atul Sharma, Advocate, and Mr. Tegheet Singh, Advocate, 20234-2022. Mr. Nitin Grover, Advocate, and Mr. Ram Pal Kohli, Advocate, respondents No.2 and 3 in CWP-4675-2021. , Advocate, Bank in CWP-23673-2021. Mr. Ankush Bharti, Advocate, for Bank in CWP-713-2022. Advocate, 11908-2022. 15124-2022. Mr. Ankit Kaushal, Advocate, for respondents No.3 and 4 in CWP-18524-2022. Mr. A.D.S. Sukhija, Advocate, 18539-2022. NAROTAM DASS 2025.08.20 16:32 I attest to the accuracy and authenticity of this order/judgment CWP-4675-2021 and connected matters SHEEL NAGU, CHIEF JUSTICE 1. borrowers/guaranto issued under Section 13 (2) and/or Section 13 (4) Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Institutions 2. refrain from interfering under Article 226 of the Constitution in SARFAESI proceedings. The SARFAESI Act is for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal (DRAT). 3. that the petitioner approaching the DRT and thereafter, before DRAT. 2021 and connected matters Mr. C.S. Pasricha, Advocate, and Mr. Sushil K. Bhardwaj, Advocate, for the respondents in CWP-20234 Mr. R.S. Bhatia, Advocate, for the respondents in CWP-21565 Mr. Rajiv Joshi, Advocate, for the respondent – Bank in CWP Mr. Gaurav Goel, Advocate, for the respondent – Bank in CWP Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The petitioners in all these petitions, borrowers/guarantors, have approached this Court challenging issued under Section 13 (2) and/or Section 13 (4) Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’) issued by the respondent Institutions, on various grounds. The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI proceedings. The SARFAESI Act is a complete code, which not only provides for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal From the averments made in the that the petitioners have availed the statutory alternative remedy of approaching the DRT and thereafter, before DRAT. -4- Mr. C.S. Pasricha, Advocate, and Mr. Sushil K. Bhardwaj, Advocate, 20234-2022. 21565-2022. ank in CWP-23293-2022. Bank in CWP-24114-2022. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. ( Oral ) in all these petitions, who are approached this Court challenging separate notices issued under Section 13 (2) and/or Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Act’) issued by the respondent – Banks/Financial The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI a complete code, which not only provides for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal From the averments made in these petitions, it does not app availed the statutory alternative remedy of approaching the DRT and thereafter, before DRAT. who are separate notices of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, s/Financial The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI a complete code, which not only provides for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal , it does not appear availed the statutory alternative remedy of NAROTAM DASS 2025.08.20 16:32 I attest to the accuracy and authenticity of this order/judgment CWP-4675-2021 and connected matters 4 Bank of India Vs. Satyawati Tondon, (2010) AIR SC 3413 (Paras 17, Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and others, (2022) 5 SCC 345 (Paras 10, 21); Versus UCO Bank and others, 2024 (6) SCC 579 (Paras 22 to 41) refrains from exercising 5. remedy under the SARFAESI Act before the DRT and thereafter before DRAT. 6. aforesaid liberty, without commenting on merits, without cost. 7. August 12, 2025 narotam Whether speaking/reasoned Whether reportable 2021 and connected matters In view of above and the ratio laid down by Apex Court in Bank of India Vs. Satyawati Tondon, (2010) AIR SC 3413 (Paras 17, Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and others, (2022) 5 SCC 345 (Paras 10, 21); and Versus UCO Bank and others, 2024 (6) SCC 579 (Paras 22 to 41) refrains from exercising jurisdiction under Article 226 of the Constitution. The petitioners are relegated to avail the appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter before Accordingly, all these writ petition d liberty, without commenting on merits, without cost. All the pending applications also stand disposed of. , 2025 Whether speaking/reasoned Whether reportable -5- In view of above and the ratio laid down by Apex Court in United Bank of India Vs. Satyawati Tondon, (2010) AIR SC 3413 (Paras 17, 27); Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and others, and PHR Invent Educational Society Versus UCO Bank and others, 2024 (6) SCC 579 (Paras 22 to 41), this Court n under Article 226 of the Constitution. relegated to avail the appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter before writ petitions stand disposed of with d liberty, without commenting on merits, without cost. All the pending applications also stand disposed of. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No United 27); Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and others, PHR Invent Educational Society his Court relegated to avail the appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter before disposed of with NAROTAM DASS 2025.08.20 16:32 I attest to the accuracy and authenticity of this order/judgment