246 CWP-23396-2022 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23396-2022 Date of decision: 25.08.2025 SYSTEM ELECTRICAL CONSTRUCTION COMPANY AND ORS. ...PETITIONERS Versus INDIAN OVERSEAS BANK AND ORS. ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Mr. Arpit Chawla, Advocate for the petitioner. Mr. R.S. Bhatia, Advocate for respondents No.1 and 2. Mr. Deepak Balyan, Addl. A.G. Haryana. * * * * SHEEL NAGU, C.J. (Oral) 1. The petitioners, who are MSME, have approached this Court challenging the notice under Section 13 (2) dated 03.05.2019 (Annexure P-4), possession notice dated 10.12.2019 (Annexure P-5), DM order dated 03.03.2020 (Annexure P-8) issued under Section 14 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). KANIKA 2025.08.29 10:54 I attest to the accuracy and integrity of this document 246 CWP-23396-2022 2 3. From the averments in the petition, it does not appear that the petitioners have availed the statutory alternative remedy of approaching the DRT and/or 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 petitioners are relegated to avail the appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter before DRAT. In case the petitioners 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. Accordingly, the writ petition stands disposed of with aforesaid liberty without commenting on merits, without cost. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE 25.08.2025 kanika Whether speaking/reasoned Yes/No Whether reportable Yes/No KANIKA 2025.08.29 10:54 I attest to the accuracy and integrity of this document