Sarbjeet Singh v. Ld. Tehsildar Cum Executive Magistrate, Ludhiana (East) and Another
Case brief
What is this about?
SARFAESI Act Section 14(1A) notice; Article 226 restraint in SARFAESI matters; alternative remedy DRT DRAT; United Bank of India v. Satyawati Tondon; State Bank of Travancore v. Mathew K.C.; Phoenix ARC v. Vishwa Bharati Vidya Mandir; PHR Invent Educational Society v. UCO Bank; Tehsildar-cum-Executive Magistrate Ludhiana (East); legal heir of borrower; interim relief conditional on approaching DRT within 30 days; Punjab & Haryana High Court CWP-7031-2023.
What did the court decide?
Writ petition disposed of with liberty to pursue the statutory remedy under the SARFAESI Act before the DRT and thereafter the DRAT; interim order to continue till the DRT takes a fresh decision on interim relief, conditional on the petitioner approaching the DRT within 30 days; disposal without commenting on merits and without cost. ¶24