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2025 DAILYLAW 95574 (PNJ)

PUNJAB AND SIND BANK v. DEBTS RECOVERY TRIBUNAL III

CWP/25102/2025 · 2025-08-28

Sanjiv Berry

body2025

Judgment text

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1 CWP-25102 of 2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-25102 of 2025 Date of decision: 28.08.2025 PUNJAB AND SIND BANK ….Petitioner V/S DEBTS RECOVERY TRIBUNAL-III, CHANDIGAHR AND OTHERS. … Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE Present:- Mr. Anant Bir Singh Sidhu, Advocate for the petitioner (through V.C.) **** SHEEL NAGU, CHIEF JUSTICE (Oral) 1. Learned counsel for the petitioner-Bank challenges the order dated 12.08.2025 (Annexure P-13) passed by the Debts Recovery Tribunal-III, Chandigarh, contending that the petitioner has a very good case on merits, by pointing out to certain grounds, which reveals that the DRT-III, Chandigarh, has travelled beyond its jurisdictional purview. 2. Be that as it may, even if the petitioner has a very good case on merits, that alone, cannot be a good ground for the petitioner to invoke the power of judicial review under Article 226 of the Constitution. 3. We realise that if an order passed by any Tribunal is bereft of jurisdiction, then the power of judicial review can be exercised. 4. However, there are large number of disputed questions of fact, which will have to be gone into for adjudicating the dispute in question, which ought not to be done while exercising the powers of judicial review. It would, KAMAL GANDHI 2025.08.29 15:28 I attest to the accuracy and integrity of this document 2 CWP-25102 of 2025 therefore, be appropriate for the petitioner-Bank to avail the remedy before the Appellate Forum, namely, the Debts Recovery Appellate Tribunal. 5. The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI proceedings. The SARFAESI Act, 2002 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. In view of the above, liberty is granted to the petitioner to approach the DRAT. Accordingly, the present petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE 28.08.2025 Kamal Gandhi Whether speaking/reasoned Yes/No Whether reportable Yes/No KAMAL GANDHI 2025.08.29 15:28 I attest to the accuracy and integrity of this document