223-CWP-8839-2022 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-8839-2022(O&M) Date of decision: 10.09.2025 Sukdai ….Petitioner. Versus Bank of Baroda ....Respondent. CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE Present:- None for the petitioner. Mr. Gaurav Goel, Advocate, for the respondent-Bank. ..… SHEEL NAGU, CHIEF JUSTICE (Oral) 1. None has put in appearance on behalf of the petitioner. 2. The petitioner, who is a guarantor, has approached this Court challenging notices dated 18.05.2021 (Annexure P-1) issued u/s 13(2) and dated 23.09.2021 (Annexure P-2) and sale notice (Annexure P-3) issued u/s 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act), on various grounds. 2. 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). PREETI 2025.09.12 10:26 I attest to the accuracy and integrity of this document 223-CWP-8839-2022 (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 thereafter, before 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. Interim relief, if granted, in the present petition, shall continue till DRT takes fresh decision on the question of interim relief, provided the petitioner approaches DRT within 30 days, failing which the interim relief shall lose its effect. It is made clear that if petitioner approach the Tribunal within the prescribed stipulated time, then this order shall not prejudice the mind of Tribunal while deciding the question of interim relief, if admissible to the petitioner. We further make it clear that the Tribunal shall decide the request for interim relief PREETI 2025.09.12 10:26 I attest to the accuracy and integrity of this document 223-CWP-8839-2022 (O&M) -3- strictly on merits of the matter, without being influenced by the fact of petitioner having approached this Court or this Court having passed the present order. 7. Accordingly, the writ petition stands disposed of with aforesaid liberty without commenting on merits, without cost. 8. Pending miscellaneous application, if any, also stands disposed of. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) 10.09.2025 JUDGE preeti i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PREETI 2025.09.12 10:26 I attest to the accuracy and integrity of this document