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2025 DAILYLAW 75593 (PNJ)

NEELAM RANI AND ANOTHER v. THE AUTHORIZED OFFICER HDFC BANK LTD AND OTHERS

CWP/18731/2025 · 2025-07-09

Sanjiv Berry

body2025

Judgment text

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CWP-18731-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 126 CWP-18731-2025 (O&M) Date of Decision:- 09.07.2025 NEELAM RANI AND ANOTHER ....Petitioner(s) Versus THE AUTHORIZED OFFICER HDFC BANK LTD AND OTHERS ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Mr. Parveen Sharma, Advocate for the petitioners. Mr. Abhinav Sood, Advocate, Mr. Mehndi Singhal, Advocate for respondent-Bank. * * * * SHEEL NAGU, C.J. (Oral) 1. This petition has been filed by two petitioners, who are the borrowers and had taken financial assistance from respondent-Bank, challenging the action taken by the Bank under Section 13(2) as well as 13(4) of the SARFAESI Act. 2. 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. 3. Since there is a statutory alternative remedy of approaching the Debt Recovery Tribunal under Section 17 of the SARFAESI Act against any of the coercive means adopted under Section 13(4) of the SARFAESI Act by SANDAL SHARMA 2025.07.11 12:30 I attest to the accuracy and authenticity of this order/judgment CWP-18731-2025 (O&M) -2- the Bank, the petitioners are free to approach the jurisdictional Debt Recovery Tribunal. 4. This Court declines to interfere on merits. 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 12:30 I attest to the accuracy and authenticity of this order/judgment