CWP-23270-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA Nav Jyoti Educational Society and others ICICI Home Finance Company Limited CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. assailing e secured asset on 20.08.2025, pursuant to notice issue the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’, for brevity). 2. High Courts, exercising the p SARFAESI Act, especially where alternative statutory remedy of approaching the DRT or DRAT is available. [see 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Nav Jyoti Educational Society and others Versus ICICI Home Finance Company Limited and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Pradeep Chhoker, Advocate, for the petitioners. Mr. Karan Sharma, Advocate Mr. Nitin Thatai, Advocate, for respondent No.1. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The petitioners, who are borrowers, have filed this petition assailing e-auction notice dated 20.07.2025, scheduling the auction of the secured asset on 20.08.2025, pursuant to notice issue the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’, for brevity). The Apex Court, time and again, has come down heavily on the High Courts, exercising the power of judicial review in matters relating to SARFAESI Act, especially where alternative statutory remedy of approaching the DRT or DRAT is available. [see Phoenix Arc Private Limited Vs. Vishwa -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23270-2025 Date of decision : 12.08.2025 …….Petitioners and others ...….Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Pradeep Chhoker, Advocate, , Advocate for ( Oral ) e petitioners, who are borrowers, have filed this petition auction notice dated 20.07.2025, scheduling the auction of the secured asset on 20.08.2025, pursuant to notice issued under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’, for brevity). The Apex Court, time and again, has come down heavily on the ower of judicial review in matters relating to SARFAESI Act, especially where alternative statutory remedy of approaching Phoenix Arc Private Limited Vs. Vishwa 2025 .2025 …….Petitioners ...….Respondents e petitioners, who are borrowers, have filed this petition auction notice dated 20.07.2025, scheduling the auction of the d under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of The Apex Court, time and again, has come down heavily on the ower of judicial review in matters relating to SARFAESI Act, especially where alternative statutory remedy of approaching Phoenix Arc Private Limited Vs. Vishwa NAROTAM DASS 2025.08.18 10:44 I attest to the accuracy and authenticity of this order/judgment CWP-23270-2025 Bharati Vidya Mandir and others, (2022) 5 SCC 345; G. Vikram State Bank of Hyderabad and others, (2023) 14 SCC 159] 3. case, relegates the petitioners to avail appropriate statutory remedy under the SARFAESI Act before the DRT and, thereafter 4. August 12, 2025 narotam Whether speaking/reasoned Whether reportable 2025 Bharati Vidya Mandir and others, (2022) 5 SCC 345; G. Vikram State Bank of Hyderabad and others, (2023) 14 SCC 159] Accordingly, this Court, without commenting on merits of the relegates the petitioners to avail appropriate statutory remedy under the SARFAESI Act before the DRT and, thereafter The petition stands disposed of with aforesaid liberty. August 12, 2025 Whether speaking/reasoned Whether reportable -2- Bharati Vidya Mandir and others, (2022) 5 SCC 345; G. Vikram Kumar Vs. State Bank of Hyderabad and others, (2023) 14 SCC 159]. Accordingly, this Court, without commenting on merits of the relegates the petitioners to avail appropriate statutory remedy under the SARFAESI Act before the DRT and, thereafter before DRAT. The petition stands disposed of with aforesaid liberty. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No Kumar Vs. Accordingly, this Court, without commenting on merits of the relegates the petitioners to avail appropriate statutory remedy under the NAROTAM DASS 2025.08.18 10:44 I attest to the accuracy and authenticity of this order/judgment