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2025 DAILYLAW 87941 (PNJ)

GURPREET KAUR v. HOUSING DEVELOPMENT FINANCE CORPORATION LTD. AND ORS.

CWP/24932/2022 · 2025-07-09

Sanjiv Berry

body2025

Judgment text

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105+212 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-24932-2022 (O&M) Date of Decision:- 09.07.2025 GURPREET KAUR ....Petitioner(s) Versus HOUSING DEVELOPMENT FINANCE CORPORATION LTD. AND ORS. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Mr. Gaurav Sharma, Advocate for the petitioner. Mr. Suneet Kumar, Advocate for respondent No.1. Mr. Munish Gupta, Advocate for respondent No.2. Mr. Salil Sabhlok, Sr. DAG, Punjab. * * * * SHEEL NAGU, C.J. (Oral) 1. This petition has been filed by the petitioner, who is the borrower and had taken financial assistance from respondent-Bank, challenging the action taken by the Bank under Section 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 mat- ters relating to SARFAESI Act, especially where alternative statutory remedy of approaching the DRT or DRAT is available. KANIKA 2025.07.11 17:53 I attest to the accuracy and integrity of this document 105+212 CWP-24932-2022 (O&M) 2 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 the Bank, the petitioner is free to approach the jurisdictional Debt Recovery Tribunal. 4. With aforesaid liberty, the present petition stands disposed of. 5. Pending application(s), if any, also stand disposed of. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE 09.07.2025 kanika i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.07.11 17:53 I attest to the accuracy and integrity of this document