1 CWP-25038 of 2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-25038 of 2025 Date of decision: 27.08.2025 RATTAN KUMAR AND ANOTHER ….Petitioner(s) V/S RESERVE BANK OF INDIA AND OTHERS. … Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE Present:- Mr. Ashish Nagar, Advocate for the petitioner **** SHEEL NAGU, CHIEF JUSTICE (Oral) 1. The petitioner-borrower is before this Court assailing notice issued by the respondent-Bank under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act'). 2. The scheme of SARFAESI Act is such, which provides not only for a Forum of Debts Recovery Tribunal (DRT) under Section 17 but also under Section 18 before the Debts Recovery Appellate Tribunal (DRAT), which can very well be availed by the petitioner to assail the recourses adopted by Bank under Section 13 (4). 2.1 However, the SARFAESI Act does not provide for any remedy against a Section 13(2) notice. The petitioner has to await issuance of notice under Section 13 (4).[Please See: Mardia Chemicals Ltd. v. Union of India ,(2004) 4 SCC 311 (Para 48). KAMAL GANDHI 2025.08.29 12:08 I attest to the accuracy and integrity of this document 2 CWP-25038 of 2025 3. In this case, the petitioner has failed to show any ground of violation of statutory provision under SARFAESI Act or any Constitutional Right or proven malafide or authority being bereft of jurisdiction to pass orders. Therefore, power of judicial review ought not to be exercised in this regard. [Please See: Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai &Ors ,AIR 1999 SUPREME COURT 22 (Paras 14-20)]. 4. In the attending facts and circumstances of the case and in the absence of any ground made out for invoking the power of judicial review or supervisory jurisdiction under Article 226/227 of Constitution of India, this Court declines interference with liberty to avail alternate remedy available in law. 5. Accordingly, the petition stands disposed of without commenting on merits with aforesaid liberty. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE 27.08.2025 Kamal Gandhi Whether speaking/reasoned Yes/No Whether reportable Yes/No KAMAL GANDHI 2025.08.29 12:08 I attest to the accuracy and integrity of this document