Hardeep Kaur v. Cholamandlam Investment and Finance Company Ltd. through Authorised Person
Case brief
What is this about?
CWP-9374-2025 (O&M), High Court of Punjab and Haryana at Chandigarh, decided 11.08.2025; Coram: Sheel Nagu, Chief Justice (author) and Sanjiv Berry, Judge. Hardeep Kaur v. Cholamandlam Investment and Finance Company Ltd. and others. Challenge to DRT Chandigarh-III order dated 10.01.2025 dismissing SA No.86 of 2022 (SARFAESI) as time barred; petitioner purchased the property after execution of the mortgage. Held: High Court refrains from exercising Article 226 jurisdiction in SARFAESI matters (relying on Satyawati Tondon; Phoenix ARC; PHR Invent); SARFAESI Act, 2002 a complete code with DRT/DRAT remedies; petitioner relegated to Section 18 appeal before DRAT, to be entertained if availed within 30 days with copy of order and not dismissed on limitation. Disposition: disposed.
What did the court decide?
Petitioner relegated to avail the remedy of appeal under Section 18 of the SARFAESI Act, 2002 before the Debts Recovery Appellate Tribunal (DRAT); if availed within 30 days along with copy of the order, the appeal shall be entertained and decided on its own merits without being dismissed on limitation ground.