264 CWP-3857-2023 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-3857-2023 (O&M) Date of decision: 20.08.2025 M/s Kool Kat Ice Cream and another ….Petitioners. Versus IDBI Bank ....Respondent. CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE Present:- Mr. Jagdeep Singh Rana, Advocate, for the petitioners. Mr. Tajinder Joshi, Advocate, for respondent-Bank. ..… SHEEL NAGU, CHIEF JUSTICE (Oral) Challenge in this petition is to the notice dated 12.10.2022 (Annexure P-2) issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act). Durind pendency of this Civil Writ Petition, Section 13(4) notice has also been issued. 2. At the very outset, learned counsel for the petitioner prays for withdrawal of petition (CWP-3857-2023) with liberty to approach the jurisdictional Debt Recovery Tribunal (DRT), by filing application under the SARFAESI Act. 3. Since the interim relief has already been granted in the present petition, the same will continue till the DRT takes fresh decision on the question of interim relief, provided the petitioner PREETI 2025.08.21 16:52 I attest to the accuracy and integrity of this document 264 CWP-3857-2023 (O&M) -2- approach the DRT within 30 days, failing which this interim order shall lose its efficacy. 4. Without commenting upon the merits of the petition, this petition (CWP-3857-2023) stands disposed of with aforesaid liberty. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) 20.08.2025 JUDGE preeti i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PREETI 2025.08.21 16:52 I attest to the accuracy and integrity of this document