CWP-6790 IN THE HIGH COURT OF PUNJAB AND HARYANA Anand Parkash District Magistrate, Mohindergarh at Narnaul CORAM: Present: SHEEL NAGU, CHIEF JUSTICE 1. this Court challenging 5) passed Financial Assets and Enforcement of Sec (for short SARFAESI Act), on various grounds. 2. Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI proceedings. The SARFAESI Act, 2002 is a comp recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal (DRAT). 6790-2022 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision : Anand Parkash Versus District Magistrate, Mohindergarh at Narnaul CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY None for the petitioner. Mr. Deepak Balyan, Addl. A.G., Haryana Mr. Jai Singh Yadav, Advocate, for respondent No.5. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The petitioner, who is a borrower, has this Court challenging the order dated 20.03.2020 (Annexure P 5) passed u/s 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Sec (for short SARFAESI Act), 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, 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). -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6790-2022 (O&M) Date of decision : 22.09.2025 …….Petitioner District Magistrate, Mohindergarh at Narnaul and others ...….Respondent HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE SANJIV BERRY . Deepak Balyan, Addl. A.G., Haryana. , Advocate, ( Oral ) , who is a borrower, has approached the order dated 20.03.2020 (Annexure P u/s 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act), 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, lete code which not only provides for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery - .2025 ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE approached the order dated 20.03.2020 (Annexure P- u/s 14 of Securitisation and Reconstruction of urity Interest Act, 2002 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, lete code which not only provides for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery AJAY PRASHER 2025.09.29 12:25 I attest to the accuracy and integrity of this document CWP-6790-2022 (O&M) -2- 3. From the averments in the petition, it does not appear that the petitioner has availed the statutory alternative remedy of approaching the DRT and/or DRAT. 4. 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. 5. The petitioner is relegated to avail the appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter, before DRAT. In case the petitioner prefers 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 be considered and decided on its own merits, without being dismissed on limitation alone. 6. Accordingly, the writ petition stands disposed of with aforesaid liberty without commenting on merits, without cost. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) September 22, 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