CWP-24197 IN THE HIGH COURT OF PUNJAB AND HARYANA Chander Mohan Dawar and others SBFC Finance Pvt. Ltd. (Erstwhile Small Business FinCredit India Pvt. CORAM: Present: SHEEL NAGU, CHIEF JUSTICE 1. assailing the recourses taken under Section 13 (4) Section 14 Assets and SARFAESI Act), on various grounds. 2. institution has disclosed that the petitioners/borrowers had filed SA No.112 of 202 Section 13 (4) of the SARFAESI Act, before DRT 24197-2022 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Chander Mohan Dawar and others Versus SBFC Finance Pvt. Ltd. (Erstwhile Small Business FinCredit India Pvt. Ltd.) CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Rohit Suri, Advocate, for the petitioners. Mr. Ravi Chadda, Advocate, and Mr. Rohit Duggal, Advocate, for the respondents. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The petitioners/borrower assailing the recourses taken under Section 13 (4) Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act), on various grounds. Learned counsel for the respondent institution has disclosed that the petitioners/borrowers had filed SA No.112 of 2022 on 28.06.2022 against the notice Section 13 (4) of the SARFAESI Act, before DRT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24197-2022 (O&M) Date of decision : 04.09.2025 …….Petitioner SBFC Finance Pvt. Ltd. (Erstwhile Small Business FinCredit ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE SANJIV BERRY , Advocate, , Advocate, nd Mr. Rohit Duggal, Advocate, ( Oral ) orrowers are before this Court assailing the recourses taken under Section 13 (4), including ation and Reconstruction of Financial Enforcement of Security Interest Act, 2002 (for short SARFAESI Act), on various grounds. Learned counsel for the respondent-financial institution has disclosed that the petitioners/borrowers had on 28.06.2022 against the notice under Section 13 (4) of the SARFAESI Act, before DRT-III, Chandigarh, -1- (O&M) .2025 …….Petitioners SBFC Finance Pvt. Ltd. (Erstwhile Small Business FinCredit ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE are before this Court , including ation and Reconstruction of Financial Enforcement of Security Interest Act, 2002 (for short financial institution has disclosed that the petitioners/borrowers had under III, Chandigarh, AJAY PRASHER 2025.09.09 10:29 I attest to the accuracy and integrity of this document CWP-24197-2022 (O&M) -2- while this petition was filed as late as on 18.10.2022 without disclosing the aforesaid fact. 3. In an equity jurisdiction under Article 226 of the Constitution of India, one expects the petitioners to come with clean hands without any suppression of material facts. 4. Factum of SA No.112 of 2022 ought to have been disclosed by the petitioners. Having failed to do so, the present petition stands dismissed with exemplary costs of Rs.10,000/- to be deposited in the Punjab State Legal Services Authority- Disaster Relief Fund, Account No.44426937384, IFSC Code- SBIN0014656, State Bank of India, Sector 68, SAS Nagar, within seven days. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE September 04, 2025 Ajay Prasher Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY PRASHER 2025.09.09 10:29 I attest to the accuracy and integrity of this document