CWP-3562 IN THE HIGH COURT OF PUNJAB AND HARYANA Ranjeet Kaur and another Authorised Officer, Canara Bank CORAM: Present: SHEEL NAGU, CHIEF JUSTICE 1. no possibility of amicable settlement between the parties. 2. this Court challenging 5) passed 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interes 3562-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision : Ranjeet Kaur and another Versus Authorised Officer, Canara Bank and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Ravi Malhotra, Advocate, for the petitioners. Mr. Sartaj Singh Gill, Advocate, for respondent Nos. 1 and 2- Mr. Vipin Pal Yadav, Addl. A.G., Punjab. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) As per report of Mediator dated 08.05.2025, there is no possibility of amicable settlement between the parties. The petitioners, who are borrowers, have approached this Court challenging the order dated passed by the Additional District Magistrate, Rupnagar 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3562-2025 (O&M) Date of decision : 24.09.2025 …….Petitioners and others ...….Respondent HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE SANJIV BERRY Mr. Ravi Malhotra, Advocate, , Advocate, -bank. Vipin Pal Yadav, Addl. A.G., Punjab. ( Oral ) As per report of Mediator dated 08.05.2025, there is no possibility of amicable settlement between the parties. , who are borrowers, have approached order dated 03.09.2024 (Annexure by the Additional District Magistrate, Rupnagar u/s 14 of Securitisation and Reconstruction of Financial Assets and t Act, 2002 (for short SARFAESI - .2025 s ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE As per report of Mediator dated 08.05.2025, there is , who are borrowers, have approached (Annexure P- u/s 14 of Securitisation and Reconstruction of Financial Assets and t Act, 2002 (for short SARFAESI AJAY PRASHER 2025.09.29 12:25 I attest to the accuracy and integrity of this document CWP-3562-2025 (O&M) -2- Act) along with notices dated 08.01.2025 and 17.01.2025 (Annexure P-8 & P-9), on various grounds. 3. 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, 2002 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 (DRAT). 4. From the averments in the petition, it does not appear that the petitioners have availed the statutory alternative remedy of approaching the DRT and/or DRAT. 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 (Para 17, 27) ; Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir and others, (2022) 5 SCC 345 (Paras 10, 21) ;PHR Invent Educational Society versus UCO Bank and others, 2024 (6)SCC 579 (Paras 22 to 41), this Court refrains from exercise of jurisdiction under Article 226 of Constitution. 6. The petitioners are relegated to avail the appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter, before DRAT. In case the petitioners prefer an application under Section 17 of SARFAESI Act within a period of 30 days from today along with copy of this order, the same shall AJAY PRASHER 2025.09.29 12:25 I attest to the accuracy and integrity of this document CWP-3562-2025 (O&M) -3- be considered and decided on its own merits, without being dismissed on limitation alone. 7. Accordingly, the writ petition stands disposed of with aforesaid liberty without commenting on merits, without cost. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) September 24, 2025 JUDGE Ajay Prasher Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY PRASHER 2025.09.29 12:25 I attest to the accuracy and integrity of this document