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2025 DAILYLAW 86674 (PNJ)

MRS DAVINDER KAUR AND ANOTHER v. AAVAS FINANCIER LTD AND ORS

CWP/22129/2025 · 2025-08-02

Sanjiv Berry

body2025

Judgment text

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CWP-22129-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105 CWP-22129-2025 Date of decision: 02.08.2025 MRS DAVINDER KAUR AND ANR. ..PETITIONER(S) Versus AAVAS FINANCIER LTD. & ORS. ..RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Ms. Ashu Rana, Advocate Ms. Nisha Rana, Advocate Ms. Priyanka Sharma, Advocate Ms. Priya Sahoo, Advocate for the petitioner(s). Mr. Deepak Balyan, AAG, Haryana. * * * * SHEEL NAGU, C.J. (Oral) 1. The petitioners-borrowers are assailing the notice issued under Section 13(4) of the Securitization and Recostruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’). The aforesaid notice under Section 13(4) of the SARFAESI Act has also been challenged by the petitioners-borrowers before the Debts Recovery Tribunal- II, Chandigarh by filing SA 469/2024 titled as Mrs Davinder Kaur and Others v. M/s Aavas Financier Ltd, which according to the learned counsel MOHIT GOYAL 2025.08.04 16:10 I attest to the accuracy and integrity of this document CWP-22129-2025 -2- for the petitioners-borrowers is pending consideration before the DRT-II, Chandigarh. 2. Once having availed statutory remedy under the SARFAESI Act, the petitioners-borrowers should pursue the said remedy. There is no reason or occasion to file this petition. 3. Accordingly, this petition, without commenting upon merits, is disposed of with liberty to pursue SA 469/2025 pending before the DRT-II, Chandigarh. 4. All the pending miscellaneous applications, if any, are also disposed of. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) AUGUST 02nd, 2025 JUDGE R. Joshi Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT GOYAL 2025.08.04 16:10 I attest to the accuracy and integrity of this document