Sukhwinder Kaur and Another v. State Bank of India and Others
Case brief
What is this about?
SARFAESI Act 2002; Section 13(2) demand notice; Section 13(4) possession notice; Section 14 notice; Section 17 application; Article 226 writ jurisdiction; alternative remedy; DRT; DRAT; maintainability; interim relief continuation; limitation condilation-free liberty; United Bank of India vs. Satyawati Tondon (2010) AIR SC 3413; Phoenix ARC Private Limited (2022) 5 SCC 345; PHR Invent Educational Society vs. UCO Bank 2024 (6) SCC 579; High Court of Punjab and Haryana; CWP-6348-2025; Sukhwinder Kaur; State Bank of India; Sheel Nagu Chief Justice; Sanjiv Berry Judge; decided 27.08.2025.
What did the court decide?
Liberty to avail the statutory remedy under the SARFAESI Act before the DRT and thereafter the DRAT; a Section 17 application filed within 30 days with a copy of this order to be decided on its own merits without dismissal on limitation alone; interim relief, if any, to continue till the DRT decides the question of interim relief afresh, provided the DRT is approached within 30 days; disposal without commenting on merits and without cost.