Petitioner challenged SARFAESI possession notice and CJM order. Court held approach to Debts Recovery Appellate Tribunal was alternative remedy and disposed petition in the limbs.
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$~122
* IN THE HIGH COURT OF DELHI AT NEW DELHI
.....Petitioner Through: Mr. Sarvesh Singh, Mr. Durgesh Kumar Gupta, Advs.
versus
UTKARSH SMALL FINANCE BANK & ANR.
.....Respondents Through: Mr. Samarendra Kumar, Mr. Madhurendra Kumar, Mr. Nitin, Ms. Nisha, Ms. Soumya, Ms. Kajal, Advs. with Mr. Anuj Gupta, Officer of the Bank
CORAM: HON'BLE MR. JUSTICE JASMEET SINGH
%
O R D E R 08.05.2026
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/05/2026 at 12:58:08
Misc. Crl. No. 1998 of 2025 titled as Utkarsh Small Finance Bank Limited Vs. M/s Nawab & Co. & Ors. for taking the physical possession of the property bearing all that part and parcel of the residential property entire third floor with roof rights built on property No. A-31/135 & A-31/139, with roof rights, area measuring 300 sq. yards i.e. 250.83 sq. meters, covered area 167.22 sq. meters out of Khasra No. 340,341 & 345 situated at in the area of Village Maujpur in the abadi of Puri Gali No. 2, Gurudwara Mohalla, Maujpur, Illaqa Shahdara, Delhi 110 053;
b. Issue a writ of mandamus or any other appropriate writ, order or direction and issue appropriate directions thereby setting aside of order dated 29.11.2025 passed by the Ld. Chief Judicial Magistrate, Shahdara District, Karkardooma Courts, Delhi in Misc. Crl. No. 1998 of 2025 titled as Utkarsh Small Finance Bank Limited Vs. M/s Nawab & Co. & Ors.;…”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/05/2026 at 12:58:08
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/05/2026 at 12:58:08
JASMEET SINGH, J
MAY 8, 2026/sp
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/05/2026 at 12:58:08
2 issues framed by the court
Whether the petitioner has exhausted alternative remedies for challenging the DRT order.
Whether the High Court can take up the merits of an alternative dispute resolution arising out of banking recovery proceedings.
2 provisions across 2 enactments
Shakira Khan
Utkarsh Small Finance Bank
Jasmeet Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
