CM-13370-CWP IN THE HIGH COURT OF PUNJAB AND HARYANA Anil Jotshi Bank of India CORAM: HON'BLE MR. HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE CM-13370 CWP-242899 1. (borrower) Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 2. 06.06.2025 (Anne alia, revealing that the borrower firm being MSME is entitled to certain CWP-2025 in/and CWP-24289-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-13370-CWP Anil Jotshi Versus Bank of India CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Rakesh Bhatia, Advocate, for the petitioner. Mr. Sanjot Singh Thind, Advocate, for the respondent – Bank. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) 13370-CWP-2025 Annexure P-8, filed by the petitioner, is taken on record. Accordingly, CM-13370-CWP 242899-2025 This petition has been filed (borrower) assailing the notice dated 16.04.2025 (Annex Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 It is submitted that despite having filed representation dated 06.06.2025 (Annexure P-6) under Section 13 (3A) of SARFAESI Act, , revealing that the borrower firm being MSME is entitled to certain -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2025 in/and CWP-24289-2025 Date of decision : 11.09.2025 …….Petitioner ...….Respondent JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY , Advocate, , Advocate, ( Oral ) 8, filed by the petitioner, is taken on record. CWP-2025 is allowed. This petition has been filed by one of the partners of MSME assailing the notice dated 16.04.2025 (Annexure P-5) issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “SARFAESI Act”). It is submitted that despite having filed representation dated 6) under Section 13 (3A) of SARFAESI Act, inter , revealing that the borrower firm being MSME is entitled to certain 2025 .2025 …….Petitioner ...….Respondent by one of the partners of MSME 5) issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and It is submitted that despite having filed representation dated inter , revealing that the borrower firm being MSME is entitled to certain NAROTAM DASS 2025.09.12 10:25 I attest to the accuracy and authenticity of this order/judgment CM-13370-CWP statutory protections under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and the RBI guidelines, the re Bank did not take any step. 3. petitioner informed that the impugned notice dated 16.04.2025 has since been withdrawn and by the respondent Bank, asking the petitioner to submit reply under Section 13 (3A) of SARFAESI Act, within sixty (60) days of its issuance. 4. kept pending and is disposed of with direction reply/representation under Section 13 (3A) of SARFAESI Act, then the respondent Bank shall consider the same in its true perspective and also from the point of view of benefits flowing under the MSMED Act, 2006 as well as the RBI guidelines dated guidelines on the subject. 5. liberty to petitioner to avail all the statutory remedies available under SARFAESI Act, September 11 narotam Whether speaking/reasoned Whether reportable CWP-2025 in/and CWP-24289-2025 statutory protections under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and the RBI guidelines, the re Bank did not take any step. When the case was taken up today, learned counsel for the petitioner informed that the impugned notice dated 16.04.2025 has since been withdrawn and fresh notice dated 04.09.2025 (Annexure P e respondent Bank, asking the petitioner to submit reply under Section 13 (3A) of SARFAESI Act, within sixty (60) days of its issuance. In view of above, it would be appropriate that this petition is not kept pending and is disposed of with direction reply/representation under Section 13 (3A) of SARFAESI Act, then the respondent Bank shall consider the same in its true perspective and also from the point of view of benefits flowing under the MSMED Act, 2006 as well as RBI guidelines dated 01.07.2015 and 17.03.2016 and any other relevant guidelines on the subject. With the aforesaid observations, petition stands disposed of with liberty to petitioner to avail all the statutory remedies available under SARFAESI Act, in case any adverse view is taken by the respondent Bank. September 11, 2025 Whether speaking/reasoned Whether reportable -2- statutory protections under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and the RBI guidelines, the respondent When the case was taken up today, learned counsel for the petitioner informed that the impugned notice dated 16.04.2025 has since been fresh notice dated 04.09.2025 (Annexure P-8) has been issued e respondent Bank, asking the petitioner to submit reply under Section 13 (3A) of SARFAESI Act, within sixty (60) days of its issuance. In view of above, it would be appropriate that this petition is not kept pending and is disposed of with direction that in case, petitioner files reply/representation under Section 13 (3A) of SARFAESI Act, then the respondent Bank shall consider the same in its true perspective and also from the point of view of benefits flowing under the MSMED Act, 2006 as well as 01.07.2015 and 17.03.2016 and any other relevant With the aforesaid observations, petition stands disposed of with liberty to petitioner to avail all the statutory remedies available under in case any adverse view is taken by the respondent Bank. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No statutory protections under the Micro, Small and Medium Enterprises spondent When the case was taken up today, learned counsel for the petitioner informed that the impugned notice dated 16.04.2025 has since been 8) has been issued e respondent Bank, asking the petitioner to submit reply under Section 13 In view of above, it would be appropriate that this petition is not that in case, petitioner files reply/representation under Section 13 (3A) of SARFAESI Act, then the respondent Bank shall consider the same in its true perspective and also from the point of view of benefits flowing under the MSMED Act, 2006 as well as 01.07.2015 and 17.03.2016 and any other relevant With the aforesaid observations, petition stands disposed of with liberty to petitioner to avail all the statutory remedies available under in case any adverse view is taken by the respondent Bank. NAROTAM DASS 2025.09.12 10:25 I attest to the accuracy and authenticity of this order/judgment