BANSAL GIFT GALLERY THROUGH PROPRIETOR MOHIT BANSAL THROUGH AMRIT PAUL SPECIAL POWER ATTORNEY v. HDB FINANCIAL SERVICES LTD THROUGH ITS MANAGING DIRECTOR
CWP/9879/2025 · 2025-07-09
Sanjiv Berry
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43779 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43779 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-9879-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 115 CWP-9879-2025 (O&M) Date of Decision:- 09.07.2025 BANSAL GIFT GALLERY AND OTHERS ....Petitioner(s) Versus HDB FINANCIAL SERVICES LTD THROUGH ITS MANAGING DIRECTOR ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Ms. Anju Arora, Advocate for the petitioners. Mr. Vipul Dharmani, Advocate for respondent Nos.4 and 5. * * * * SHEEL NAGU, C.J.
(Oral)
1. This petition has been filed by five petitioners, who happen to be the borrowers, with regard to financial assistance sought from respondent No.1.
2. The challenge in this petition is to the notices issued under Section 13(2) and 13(4) of the SARFAESI Act, which have been issued by respondent Nos.4 and 5.
3. The Apex Court, time and again has come down heavily on the High Courts exercising the power of judicial review in the matters relating to SAFAESI Act, especially where alternative statutory remedy of approaching the DRT or DRAT is available.
4. This Court, therefore, declines interference on merits and SANDAL SHARMA 2025.07.11 18:22 I attest to the accuracy and authenticity of this
order/judgment
CWP-9879-2025 (O&M) -2-
relegates the petitioners to avail the remedy before the jurisdictional Debt Recovery Tribunal against the challenge made herein.
5. With aforesaid liberty, the present petition stands disposed of.
(SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE 09.07.2025 S.Sharma i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.07.11 18:22 I attest to the accuracy and authenticity of this
order/judgment