CWP-18969-2024 (O&M) 1 113 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-18969-2024 (O&M) Date of decision: 09.09.2025 BAL KRISHAN SAGGI (DECEASED) THROUGH HIS LR ....Petitioner Versus KOTAK MAHINDRA BANK LTD AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY ***** Present: Mr. Sushant Kareer, Advocate for the petitioner. Mr. Aman Bansal, Advocate (Arguing counsel) Mr. Puneet Sharma, Advocate for respondents No.1 and 2-Bank. Mr. Indresh Goel, Advocate for respondent No.10-RBI. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. ***** SHEEL NAGU, C.J. (Oral) 1. Present petition has been filed by borrower assailing one of the recourses taken by respondents No.1 and 2-Bank pursuant to order dated 23.07.2024 (Annexure P-12) passed u/s 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) by respondent No.8. 2. After having heard learned counsel for the rival parties, it appears that lot many disputed questions of fact will have to be gone into, which ought not to be done while exercising the power of judicial review under Article 226 of the Constitution of India, especially when the petitioner has an alternative statutory remedy of approaching the Debts Recovery Tribunal (‘DRT’) u/s 17 of MOHIT GOYAL 2025.09.10 16:45 I attest to the accuracy and integrity of this document CWP-18969-2024 (O&M) 2 the SARFAESI Act. 3. Since the petitioner-borrower has been protected by this Court vide order dated 07.08.2024, which appears to be subsisting till date, this Court directs that the same shall continue but only for a period of thirty (30) days, whereafter the DRT shall take its own call on the question of interim relief if due as per the law, and while doing so shall not be adversely affected by the fact of this Court having continued with the interim order or the petitioner having approached this Court. 4. Petition stands disposed of accordingly. 5. Pending applications, if any, shall stand disposed of. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) 09.09.2025 JUDGE mohit goyal Whether speaking/reasoned : Yes / No Whether reportable : Yes / No MOHIT GOYAL 2025.09.10 16:45 I attest to the accuracy and integrity of this document