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2025 DAILYLAW 76232 (PNJ)

ANIL KUMAR v. HDFC BANK AND ANOTHER

CWP/19065/2025 · 2025-07-11

Sanjiv Berry

body2025

Judgment text

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CWP-19065-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 107 CWP-19065-2025 (O&M) Date of Decision:- 11.07.2025 ANIL KUMAR ....Petitioner(s) Versus HDFC BANK AND ANOTHER ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Mr. Deepak Arora, Advocate for the petitioner. * * * * SHEEL NAGU, C.J. (Oral) 1. This petition has been filed by the petitioner-borrower, who had taken financial assistance from respondent-Bank, challenging the action taken by the Bank under Section 13(2) 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. [see Phoenix Arc Private Limited Vs. Vishwa Bharati Vidya Mandir and others, (2022) 5 SCC 345; G. Vikram Kumar Vs. State Bank of Hyderabad and others, (2023) 14 SCC 159]. 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(2) of the SARFAESI Act by SANDAL SHARMA 2025.07.14 18:07 I attest to the accuracy and authenticity of this order/judgment CWP-19065-2025 (O&M) -2- the Bank, the petitioner is 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 11.07.2025 S.Sharma i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.07.14 18:07 I attest to the accuracy and authenticity of this order/judgment