Disposed¶21

Aftab Alam v. Hdfc Ltd.

Punjab & Haryana HC10 Feb 2025CWP/2139/2025

Case brief

AI extract

What is this about?

Alternative remedy; writ petition under Article 226/227 against DRT order and SARFAESI measures; Section 18 SARFAESI Act appeal before DRAT; Debt Recovery Tribunal – 3, Chandigarh; SA No.130/2022; certiorari against order dated 19.12.2024; notices dated 25.05.2022 and 31.12.2024; secured creditor HDFC Limited; petitioner Aftab Alam; CWP-2139-2025 (O&M); decided February 10, 2025; coram Sudhir Singh and Sukhvinder Kaur, JJ.; petition disposed of with direction to avail statutory appellate remedy; no case law relied upon; no monetary relief.

What did the court decide?

Direction to the petitioner to file an appeal under Section 18 of the SARFAESI Act before the concerned DRAT in accordance with law; the writ petition and pending application(s), if any, stand disposed of; no substantive or monetary relief granted. ¶21

Aftab Alam Vs Hdfc Ltd. — Banking and Recovery | Punjab & Haryana HC (2025)

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CWP-2139-2025 (O&M)

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125

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-2139-2025 (O&M) Date of decision: February 10, 2025

Aftab Alam

….Petitione r

versus

HDFC Limite d and others

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….Respondent s

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CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR

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Present: - M r. J.S. Jaidka, Advocate and M r. Ravi Kumar Indlia, Advocat e for the petitioner.

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M r. Vaibhav Singh Tara, Advoc a te for respondents No.1 to 3.

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SUDHIR SINGH, J. (ORAL)

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P resent petition has been filed under Article 226/227 of th e Constitution o f India seeking issuance of a W r it in the nature of Certiorari fo r quashing imp u gned order dated 19.12.2024 ( A nnexure P-1) passed by learne d Debt Recove r y Tribunal – 3, Chandigarh i n SA No.130/2022 titled Afta b Alam versus HDFC Ltd. and others, for q u ashing impugned notice date d 25.05.2022 ( A nnexure A-3 with the aforesaid SA application), and fo r quashing imp u gned notice dated 31.12.2024 ( A nnexure P-5). 2. L earned counsel for responden t s No.1 to 3 has tendered, i n course of hea r ing, a short affidavit dated 30.0 1 .2025, and the same is taken o n record. He su b mits that the alternative remed y available to the petitioner is b y filing an appe a l under Section 18 of the Secu r itisation And Reconstruction o f

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1 of 2

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MAHAVIR SINGH 2025.02.15 15:08 I attest to the accuracy and authenticity of this order/ judgment

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CWP-2139-2025 (O&M)

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Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) before the Debts Recovery Appellate Tribunal (for short ‘the DRAT’) concerned.

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Considering the nature of relief sought for herein, the petitioner is directed to file an appeal under Section 18 of the SARFAESI Act before the DRAT concerned, in accordance with law.

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