CWP-26983-2021 (O&M) 1 109-2 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-26983-2021 (O&M) Date of decision: 22.09.2025 ACCENT IMPEX PVT LTD AND ORS ....Petitioners Versus BANK OF INDIA AND ORS. ...Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY ***** Present: Mr. Harshit Sethi, Advocate, (through VC) for the petitioners. Mr. K.P.S. Dhillon, Advocate (through VC) for respondent No.1. ***** SHEEL NAGU, C.J. (Oral) 1. The challenge herein is only to notice u/s 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity) by the petitioners-borrowers. 2. This Court has already held that unless special circumstances are made out, there is no remedy available for the borrower to challenge notice u/s 13(2) of SARFAESI Act. 2.1 The scheme of SARFAESI Act allows remedy of preferring a representation u/s 13(3A) in response to notice u/s 13(2), whereafter the borrower needs to wait for the Bank or the Financial Institution to take recourse to coercive steps by issuance of notice u/s 13(4) of SARFAESI Act. 3. This Court while refraining from entering into the merits of the matter in terms of repeated decisions of the Apex Court, declines to interfere on merits and relegates the petitioners to avail remedy u/s 17 of the SARFAESI Act MOHIT GOYAL 2025.09.23 17:58 I attest to the accuracy and integrity of this document CWP-26983-2021 (O&M) 2 within thirty (30) days from today. 4. Petition stands disposed of accordingly. 5. Pending applications, if any, shall stand disposed of accordingly. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) 22.09.2025 JUDGE mohit goyal Whether speaking/reasoned : Yes / No Whether reportable : Yes / No MOHIT GOYAL 2025.09.23 17:58 I attest to the accuracy and integrity of this document