Aaghnya Packaging Industries and Others v. the Hdfc Bank Limited
Case brief
What is this about?
CWP-25590 of 2025, Aaghnya Packaging Industries and others v. The HDFC Bank Limited, Punjab & Haryana High Court at Chandigarh, decided 01.09.2025, coram Sheel Nagu CJ and Sandeep Moudgil J. Keywords: SARFAESI Act 2002; Section 13(2) demand notice; Section 13(4) possession notice; Section 17 application before DRT; alternative remedy; Article 226 writ jurisdiction; borrowers vs secured creditor; limitation protection of 30 days; United Bank of India v. Satyawati Tondon AIR 2010 SC 3413; Phoenix ARC Private Limited v. Vishwa Bharati Vidya Mandir (2022) 5 SCC 345; PHR Invent Educational Society v. UCO Bank 2024 (6) SCC 579; writ petition disposed of relegating petitioners to DRT/DRAT remedy.
What did the court decide?
Petitioners relegated to the statutory remedy under the SARFAESI Act before the DRT and thereafter the DRAT; liberty to file an application under Section 17 SARFAESI Act within 30 days along with a copy of the order, to be decided on its own merits without being dismissed on limitation alone; writ petition disposed of without commenting on merits and without cost.