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2025 DAILYLAW 95475 (PNJ)

M/S MAYUR ENGINEERING AND ANOTHER v. AUTHORIZED OFFICER, CENTRAL BANK OF INDIA

CWP/25660/2025 · 2025-09-01

Sandeep Moudgil

body2025

Judgment text

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CWP-25660-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 114 CWP-25660-2025 (O&M) Date of Decision : 01.09.2025 M/s Mayur Engineering and another ... Petitioners Versus Authorized Officer, Central Bank of India ... Respondent CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Akhilesh Vyas, Advocate for the petitioners. Mr. Saurav Goel, Advocate (through VC) for the respondent-Bank. **** SHEEL NAGU, CHIEF JUSTICE (ORAL) 1. The petitioners being borrowers have approached this Court against the recourse taken by the Bank under Section 13(4) of SARFAESI Act, 2002 of issuing auction notice for liquidating the secured assets to recover the outstanding loan. 2. It is not disputed by learned counsel for the petitioners that on 06.01.2024 SA/612/2024 titled as Manju Aggarwal vs. Central Bank of India was filed by the petitioners borrower before the Debts Recovery Tribunal -2, Chandigarh against the recourses taken under Section 13(4) of SARFAESI Act. However, the said SA/612/2024 was dismissed for want of prosecution on 05.08.2025 (Annexure P-4). Thereafter the petitioners did not take any remedial steps either to recall the said order or approach the SATYAWAN 2025.09.04 09:19 I attest to the accuracy and integrity of this document CWP-25660-2025 (O&M) DRAT. 3. In this view of the matter, this Court in plenary and discretionary powers under Article 226 of the Constitution of India cannot help a sleeping and inactive litigant. 4. The petition stands dismissed with liberty to the petitioners to approach the Debts Recovery Tribunal or DRAT. (SHEEL NAGU) CHIEF JUSTICE (SANDEEP MOUDGIL) 01.09.2025 JUDGE Satyawan Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SATYAWAN 2025.09.04 09:19 I attest to the accuracy and integrity of this document