Mahaveer Singh and Another v. Sarva Haryana Gramin Bank and Another
Case brief
What is this about?
CWP-5670-2023 (O&M); Punjab and Haryana High Court; Sheel Nagu Chief Justice; Sanjiv Berry Judge; Mahaveer Singh and another v. Sarva Haryana Gramin Bank; borrowers challenge Section 13(4) SARFAESI notice dated 04.02.2023; Article 226 alternative remedy; SARFAESI Act complete code; DRT DRAT relegation; Section 17 SARFAESI application within 30 days not barred by limitation; interim relief continuation till DRT fresh decision; United Bank of India v. Satyawati Tondon (2010) AIR 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 without cost.
What did the court decide?
Writ petition disposed of with liberty, without commenting on merits and without cost: petitioners may file a Section 17 SARFAESI application before the DRT within 30 days with a copy of the order, to be decided on its own merits and not dismissed on limitation alone; interim relief, if any, continues until the DRT takes a fresh decision thereon, subject to the petitioners approaching the DRT within 30 days; pending applications stand disposed of.