M/S Sandeep Knitwears and Ors. v. United Commercial Bank and Ors.
SARFAESI – Judicial review under Article 226 – Alternative remedy
Case brief
What is this about?
CWP-9701-2022 (O&M), High Court of Punjab & Haryana at Chandigarh, decided 19.08.2025, bench: Justice Sheel Nagu (Chief Justice, author) and Justice Sanjiv Berry. Keywords: SARFAESI Act 2002; Section 13(4); Section 14; Section 17; Article 226; writ petition; alternative remedy; DRT; DRAT; borrowers; secured creditors; Sandeep Knitwears v. United Commercial Bank; interim relief continuation; limitation bar removed; 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; relegation to statutory remedy; disposal without merits.
What did the court decide?
Petitioners relegated to statutory remedy under the SARFAESI Act before DRT and then DRAT; liberty to file a Section 17 SARFAESI application within 30 days with copy of the order, to be decided on merits without dismissal on limitation alone; existing interim relief to continue until the DRT decides the interim-relief question, provided the DRT is approached within 30 days, failing which the interim relief lapses; disposal without commenting on merits and without cost.