Krishan Kumar and Another v. District Magistrate and Others
Case brief
What is this about?
Punjab & Haryana High Court, CWP-8766-2025, decided 20.08.2025 (Sheel Nagu, Chief Justice; Sanjiv Berry, Judge): Krishan Kumar and Another v. District Magistrate and Others — borrowers' Article 226 challenge to SARFAESI notices dated 26.07.2024 and 03.10.2024/11.03.2025 under Sections 13(2) and 13(4); petitioners had not approached DRT/DRAT; relying on United Bank of India vs. Satyawati Tondon (2010) AIR SC 3413, Phoenix ARC Private Limited (2022) 5 SCC 345 and PHR Invent Educational Society (2024 (6) SCC 579), the Court refrained from exercising writ jurisdiction; petition disposed of relegating petitioners to statutory remedy; Section 17 application within 30 days to be decided on merits, not dismissed on limitation alone; no costs; no observation on merits.
What did the court decide?
Writ petition disposed of with liberty to the petitioners to avail the statutory remedy under the SARFAESI Act before the DRT and thereafter the DRAT; a Section 17 application filed within 30 days along with a copy of the order to be decided on its own merits and not dismissed on limitation alone; without commenting on merits and without cost.