The High Court stayed proceedings under Article 226 challenging a SARFAESI Act notice, holding that the matter must follow judicial process before excluding the provisions of the SARFAESI Act.
The writ petition was dismissed as wholly meritless, holding that WPA was premature as SARFAESI proceedings must be pursued first.
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.
C. W. P. No. 4344 of 2014
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Sr. No. 110
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : C. W. P. No. 4344 of 2014 Date of Decision : March 07, 2014
Santokh Singh .... Petitioner
Vs.
Central Bank of India and another .... Respondents
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE. HON'BLE MR. JUSTICE ARUN PALLI.
Present : Mr. Maninder Arora, Advocate for the petitioner.
SANJAY KISHAN KAUL, C. J. (Oral) :
This is one more matter, where the jurisdiction of this Court under Article 226 of the Constitution of India is sought to be invoked straightway, whereas, proceedings under the SARFAESI Act, 2002 have to take place in view of judgment of the Supreme Court, passed in the case of
Mardia Chemicals Ltd. and others vs. Union of India and others
reported as 2004 (4) SCC 311 .
It appears that our advice does not bear any fruit because almost everyday, we receive matters of this nature, where mandate of law is
Monika 2014.03.10 17:18 I attest to the accuracy and integrity of this document High Court Chandigarh
C. W. P. No. 4344 of 2014
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not being followed. Obviously, nobody cares to read even the mandate of the Statute, as enunciated by the highest Court.
The petitioner has been served with a notice under Section 13 (2) of the SARFAESI Act, to which he has filed objections and, straightway
at that stage, this petition has been filed.
Dismissed as completely meritless.
( SANJAY KISHAN KAUL ) CHIEF JUSTICE
March 07, 2014
monika
( ARUN PALLI ) JUDGE
Monika 2014.03.10 17:18 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether jurisdiction under Article 226 can be invoked straightway to challenge a notice under Section 13(2) of the SARFAESI Act before statutory proceedings commence.
Colour shows how this judgement treated each authority
Mardia Chemicals Ltd. and others vs. Union of India and othersExplained¶14
2004 (4) SCC 311 · Who else cites this
2 provisions across 2 enactments
Santokh Singh
Central Bank of India
Sanjay Kishan Kaul
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
