Extracted from the PDF above. The PDF is authoritative.
1 CWP No. 22953 of 2025
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP-22953 of 2025 (O&M)
DATE OF DECISION: 08.08.2025
ANUJ GARG
..….Petitioner V/S
CANARA BANK AND OTHERS
……Respondents
CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE
Present:- Mr. Jagdish Manchanda, Advocate, Mr. Nischal Chetanya Manchanda, Advocate and Mr. Saksham Kaushik, Advocate, for the petitioner.
**** SHEEL NAGU, CHIEF JUSTICE (Oral)
1.
The present petition has been filed by invoking writ as well as supervisory jurisdiction under Article 226 of the Constitution of India, seeking quashment of the impugned letter/intimation dated 25.07.2025 (Annexure P-7), whereby the auction/sale notice dated 02.07.2025 (Annexure P-1) has been cancelled by the Bank, due to failure of the petitioner–auction purchaser to deposit 15% of the bid amount within the stipulated period resulting in forfeiture of Rs.41,80,000/- being 10% earnest money.
2.
Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) makes available the Forum of DRT for any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of Section 13 of the SARFAESI Act. Alienation of secured asset through an auction is one of the recourses prescribed under Section 13(4) of the SARFAESI Act and moreso this petition raises several disputed questions of fact.
3.
In view of above, this Court declines interference in the impugned letter/intimation dated 25.07.2025 (Annexure P-7) and relegates the petitioner to KAMAL GANDHI 2025.08.11 14:01 I attest to the accuracy and integrity of this document
2 CWP No. 22953 of 2025
avail statutory remedy by approaching Debts Recovery Tribunal under Section 17 of the SARFAESI Act and thereafter Debts Recovery Appellate Tribunal under Section 18 of the said Act, if occasion so arises.
4.
With the aforesaid observations, the petition stands disposed of.
5.
All pending Civil Miscellaneous application(s), if any, stand
disposed of accordingly.
(SHEEL NAGU) CHIEF JUSTICE
(SANJIV BERRY) JUDGE 08.08.2025 Kamal Gandhi Whether speaking/reasoned Yes/No Whether reportable Yes/No KAMAL GANDHI 2025.08.11 14:01 I attest to the accuracy and integrity of this document