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2025 DAILYLAW 97268 (PNJ)

SEEMA RANI AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/25946/2025 · 2025-09-02

body2025

Judgment text

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1 CWP-25946 of 2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-25946 of 2025 Date of decision: 02.09.2025 SEEMA RANI AND OTHERS ….Petitioners V/S STATE OF HARYANA AND OTHERS. … Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE YASHVIR SINGH RATHOR, JUDGE Present:- Mr. P.K. Ganga, Advocate, for the petitioners. Mr. Sartaj Singh Gill, Advocate for the respondent- Bank Mr. Deepak Balyan, Addl. Advocate General, Haryana. **** SHEEL NAGU, CHIEF JUSTICE (Oral) 1. The petitioners/borrowers, who had defaulted in repayment of loan, whereafter the loan account was declared as NPA, and, thereafter, the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) were commenced. S.A. No. 405 of 2024 was filed by petitioners/borrowers, assailing one of the recourses taken by the respondent-bank under Section 13(4) of the SARFAESI Act. The said SA was dismissed for want of prosecution on 04.11.2024. The petitioners/borrowers, thereafter, sought restoration of the said SA by filing M.A. No. 172 of 2024 (Annexure P-7), which is pending consideration, and in which vide order dated 08.01.2025, status quo has been directed by DRT-II, Chandigarh. 2. Learned counsel for the petitioners/borrowers has approached this Court on the pretext that DRT-II, Chandigarh, is non-functional. KAMAL GANDHI 2025.09.02 17:57 I attest to the accuracy and integrity of this document 2 CWP-25946 of 2025 3. The charge of DRT-II, Chandigarh has already been given to DRT- I, Chandigarh, vide Notification No. 07/05/2022-DRT, dated 22.08.2025, issued by Government of India, Ministry of Finance, Department of Financial Service. 4. Since, the petitioners/borrowers are already agitating their claim before the Debts Recovery Tribunal, this Court refrains from exercising its jurisdiction of judicial review under Article 226 of the Constitution, as no exceptional case has been made out. 5. This court, therefore, declines interference on merits and relegates the petitioners/borrowers to pursue the remedy already availed before the DRT in M.A. No. 172 of 2024. 6. Accordingly, the present petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE (YASHVIR SINGH RATHOR) JUDGE 02.09.2025 Kamal Gandhi Whether speaking/reasoned Yes/No Whether reportable Yes/No KAMAL GANDHI 2025.09.02 17:57 I attest to the accuracy and integrity of this document