The Special Application challenging the bank's action was dismissed as not maintainable because the respondent Bank had not yet issued a notice under Section 13(4) of the SARFAESI Act, which is a prerequisite for such application.
Special Application dismissed with observation that it may be entertained if Section 13(4) notice is issued.
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.
DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/65/2026
IRFAN GUL WANI Vs JAMMU AND KASHMIR BANK LIMITED
28.04.2026
Item No.35
Present: Ms. Laila Khalid, Counsel for the Applicants (on VC). Mr. Vivek Verma, Counsel for respondent Bank.
In this case, Applicants have challenged the action by the bank. Mr. Verma, admits that so far the bank has not issued the notice under Section 13(4) and thus, this SA is not maintainable. However, counsel for the Applicants states that the bank officers had visited the site. She further states that the Applicants had submitted the objections to the notice under Section 13(2). However, the respondent Bank has not responded to the same. Mr. Verma, has placed on the record the reply to the objections filed by the Applicants. Further, counsel for the Applicants raised the objection of CERSAI, which the Bank has already placed on the record. Considering the fact that the Bank has not so far issued the notice under Section 13(4), this SA is not maintainable. However, it is made clear that whenever the Bank issues the notice under Section 13(4) of the SARFAESI ACt, Applicants may well approach this Tribunal as per law. In view of this, the SA stands dismissed .
File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
PANKAJ
3 issues framed by the court
Whether the Special Application under Section 13(4) of the SARFAESI Act is maintainable in the absence of issuance of the requisite notice.
Whether the applicant's objections to the notice under Section 13(2) require adjudication before issuance of notice under Section 13(4).
Whether lack of response to objections under Section 13(2) by the bank affects maintainability of Section 13(4) application.
2 provisions across 1 enactments
IRFAN GUL WANI
JAMMU AND KASHMIR BANK LIMITED
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
