CWP-24182-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA Gurwinder Singh AU Small Finance Bank Limited CORAM: HON'BLE HON'BLE MS Present: SHEEL NAGU, CHIEF JUSTICE 1. (Annexure P Reconstruction of Financial Assets and Enforcement of Security Interest Ac 2002 (in short, ‘SARFAESI Act’ 2. behalf of respondent No.1 Bank. She informs that possession of the secured assets of the petitioner She fairly submits that if the petitioner wants release of his household articles, which according to the petitioner are exempted under Section 31 (g) of the SARFAESI same shall be considered 3. refrain from interfering under Article 226 of the Constitution in SARFAESI 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gurwinder Singh Versus AU Small Finance Bank Limited and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MS. JUSTICE RAMESH KUMARI Mr. S.S. Gill, Advocate, for the petitioner. Ms. Deepika Mittal, Advocate, Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The challenge in this petition (Annexure P-1) issued under Section 14 (1A) Reconstruction of Financial Assets and Enforcement of Security Interest Ac 2002 (in short, ‘SARFAESI Act’). Ms. Deepika Mittal, Advocate, on advance copy, appears on behalf of respondent No.1 Bank. She informs that possession of the secured assets of the petitioner – borrower has been taken by the Bank on 19.08.2025. airly submits that if the petitioner wants release of his household articles, which according to the petitioner are exempted under Section 31 (g) of the SARFAESI Act, then on filing of an appropriate application by the petitioner, same shall be considered by the Bank in right perspective. The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24182-2025 Date of decision : 21.08.2025 …….Petitioner and others ...….Respondents MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE RAMESH KUMARI for the petitioner. s. Deepika Mittal, Advocate, for respondent No.1 Bank. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. ( Oral ) petition is to notice/order dated 17.07.2025 1) issued under Section 14 (1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Ac Ms. Deepika Mittal, Advocate, on advance copy, appears on behalf of respondent No.1 Bank. She informs that possession of the secured borrower has been taken by the Bank on 19.08.2025. airly submits that if the petitioner wants release of his household articles, which according to the petitioner are exempted under Section 31 (g) of the Act, then on filing of an appropriate application by the petitioner, by the Bank in right perspective. The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI 2025 .2025 …….Petitioner ...….Respondents notice/order dated 17.07.2025 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Ms. Deepika Mittal, Advocate, on advance copy, appears on behalf of respondent No.1 Bank. She informs that possession of the secured borrower has been taken by the Bank on 19.08.2025. airly submits that if the petitioner wants release of his household articles, which according to the petitioner are exempted under Section 31 (g) of the Act, then on filing of an appropriate application by the petitioner, The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI NAROTAM DASS 2025.08.22 10:38 I attest to the accuracy and authenticity of this order/judgment CWP-24182-2025 proceedings. The SARFAESI Act is a complete code, which not only provides for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal (DRAT). 4. the petitioner approaching the DRT and/or DRAT. 5. Bank of India Vs. Satyawati Tondon, (2010) AIR SC 3413 (Paras 17, 27); Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya (2022) 5 SCC 345 (Paras 10, 21); UCO Bank and others, 2024 (6) SCC 579 (Paras 22 to 41), from exercising jurisdiction under Article 226 of the Constitution. 6. statutory remedy under the SARFAESI Act before the DRT and thereafter before DRAT. 7. without commenting on merits, without cost. August 21, 2025 narotam Whether speaking/reasoned Whether reportable 2025 proceedings. The SARFAESI Act is a complete code, which not only provides tailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal From the averments made in the petition, it does not appear that the petitioner – borrower has availed the st approaching the DRT and/or DRAT. In view of above and the ratio laid down by Apex Court in Bank of India Vs. Satyawati Tondon, (2010) AIR SC 3413 (Paras 17, 27); Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya (2022) 5 SCC 345 (Paras 10, 21); and PHR Invent Educational Society Vs. UCO Bank and others, 2024 (6) SCC 579 (Paras 22 to 41), from exercising jurisdiction under Article 226 of the Constitution. Accordingly, the petitioner is relegated to avail appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter before DRAT. The writ petition stands disposed of with aforesaid liberty, without commenting on merits, without cost. 1, 2025 Whether speaking/reasoned Whether reportable -2- proceedings. The SARFAESI Act is a complete code, which not only provides tailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal From the averments made in the petition, it does not appear that borrower has availed the statutory alternative remedy of In view of above and the ratio laid down by Apex Court in United Bank of India Vs. Satyawati Tondon, (2010) AIR SC 3413 (Paras 17, 27); Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and others, PHR Invent Educational Society Vs. UCO Bank and others, 2024 (6) SCC 579 (Paras 22 to 41), this Court refrains from exercising jurisdiction under Article 226 of the Constitution. petitioner is relegated to avail appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter The writ petition stands disposed of with aforesaid liberty, without commenting on merits, without cost. ( SHEEL NAGU ) CHIEF JUSTICE ( RAMESH KUMARI ) JUDGE Yes/No Yes/No proceedings. The SARFAESI Act is a complete code, which not only provides tailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal From the averments made in the petition, it does not appear that atutory alternative remedy of United Bank of India Vs. Satyawati Tondon, (2010) AIR SC 3413 (Paras 17, 27); Mandir and others, PHR Invent Educational Society Vs. this Court refrains petitioner is relegated to avail appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter The writ petition stands disposed of with aforesaid liberty, NAROTAM DASS 2025.08.22 10:38 I attest to the accuracy and authenticity of this order/judgment