The Tribunal dismissed the applicant's Section 17(1) SARFAESI Act application challenging the bank's measures. The Presiding Officer refused to issue a notice, reasoning that the application involved an internal dispute between the borrower and the applicant regarding payment, not bank illegality.
Notice for further proceedings in this matter was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 8
Case No.SA/517/2026
NEELAM GARWA Vs HDFC BANK
Date: 09.06.2026.
Proceedings through hybrid mode:
Present:
Shri Ritesh Kalal, Counsel for the applicant
It is a fresh SA filed on behalf of S. applicant under Section 17 (1) of SARFAESI Act, 2002 challenging the measures taken by the respondent bank under the SARFAESI Act, 2002 in respect of the property in question.
Counsel for the applicant requests to issue notice and stay further proceedings in this matter, but there is a dispute between husband and wife. When counsel for the applicant was asked to address the Tribunal about the illegality in the actions taken by the Respondent Bank, he submits that borrower is deliberately not paying the dues, so the account has become NPA.
This dispute is between husband and wife and if she wishes to safeguard her alleged matrimonial home, she has to approach the appropriate forum. There is no fault in the action of the respondent bank, so the Tribunal is not inclined to issue notice.
Request to issue notice stands rejected. Accordingly, SA stands dismissed.
File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
cm
2 issues framed by the court
Whether notice should be issued given the dispute between the applicant and the bank borrower regarding payment defaults.
Whether the applicant's matrimonial home should be protected from enforcement actions initiated by the bank.
Neelam Garwa
HDFC Bank
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
