1 CM-1193-CWP-2026 in/and CWP-39278 of 2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CM No. 1193 of 2026 in/and CWP-39278 of 2025 Date of decision: 29.01.2026 HARPREET SINGH AND ANR ….Petitioners V/S THE DISTRICT MAGISTRATE SBS NAGAR AND ORS … Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE Present: Mr. Sarju Puri, Senior Advocate (arguing counsel) with Ms. Naseem A Sheikh, Advocate for the petitioners. Mr. Ashwani Prashar, Advocate for respondents no. 2 and 3. (through V.C.). Mr. Salil Sabhlok, Senior Deputy Advocate General, Punjab. **** SHEEL NAGU, CHIEF JUSTICE (Oral) 1. With the consent of learned counsel for rival parties, the main case is preponed for today. 2. The order dated 28.01.2026 was passed for seeking instructions as to whether the petitioners/borrowers are ready and willing to pay a substantial sum of the outstanding due in the loan account. 3. Learned Senior Counsel appearing on behalf of the petitioners submits that the petitioners/borrowers are unable to deposit the substantial sum required to show their bona fides and to enable them to avail the remedy of judicial review under Article 226 of the Constitution of India, particularly in view of the existence of an unavailed alternative statutory remedy u/s 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’) for KAMAL GANDHI 2026.01.30 15:47 I attest to the accuracy and integrity of this document 2 CM-1193-CWP-2026 in/and CWP-39278 of 2025 challenging the order dated 16.09.2025 passed u/s 14 of the SARFAESI Act by the District Magistrate, SBS Nagar. 4. At this juncture, learned Senior Counsel appearing on behalf of the petitioners after seeking instructions prays for withdrawal of present petition with liberty to avail the alternative statutory remedy u/s 17 of the SARFAESI Act. 5. With the aforesaid liberty, present petition is dismissed as withdrawn. 6. All pending application(s), if any, also stand disposed of. 1. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE 29.01.2026 Kamal Gandhi Whether speaking/reasoned Yes/No Whether reportable Yes/No KAMAL GANDHI 2026.01.30 15:47 I attest to the accuracy and integrity of this document