Bimla and Another v. Punjab National Bank and Anr.
Case brief
What is this about?
CWP-5234-2025, High Court of Punjab & Haryana at Chandigarh, decided 27.08.2025 by Sheel Nagu, Chief Justice (author) with Sanjiv Berry, Judge. Petitioners (Bimla and another) challenged SARFAESI Section 13(2) notice dated 06.12.2024 and Section 13(4) possession notice dated 15.02.2025 issued by Punjab National Bank. Court declined Article 226 interference as DRT/DRAT alternative remedy unavailed; relegated petitioners to Section 17 SARFAESI remedy with 30-day limitation indulgence; interim relief continuation conditioned on approaching DRT within 30 days; petition disposed of without costs. Precedents relied on: United Bank of India v. Satyawati Tondon (2010) AIR SC 3413; Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir (2022) 5 SCC 345; PHR Invent Educational Society v. UCO Bank 2024 (6) SCC 579.
What did the court decide?
Petitioners relegated to statutory remedy: liberty to file a Section 17 SARFAESI application before the DRT within 30 days, to be decided on its own merits without dismissal on limitation alone; interim relief, if granted, to continue till the DRT decides interim relief afresh provided the DRT is approached within 30 days; disposal without commenting on merits and without costs.