Harpreet Singh and Anr. v. the District Magistrate Sbs Nagar and Ors.

Punjab & Haryana HC29 Jan 2026CWP/39278/2025

Case brief

AI extract

What is this about?

Harpreet Singh v. District Magistrate SBS Nagar; High Court of Punjab & Haryana; CWP-39278 of 2025 with CM No. 1193 of 2026; SARFAESI Act 2002; Section 14 SARFAESI order dated 16.09.2025 by District Magistrate; Section 17 SARFAESI alternative statutory remedy; Article 226 judicial review; borrowers unable to deposit substantial sum of outstanding loan dues; withdrawal of writ petition with liberty; dismissed as withdrawn; pending applications disposed of; Sheel Nagu Chief Justice; Sanjiv Berry Judge; decision 29.01.2026; oral order; no merits decided; no precedent cited.

What did the court decide?

Petition dismissed as withdrawn with liberty to the petitioners to avail the alternative statutory remedy under Section 17 of the SARFAESI Act; all pending application(s) disposed of. ¶26-27

Harpreet Singh and Anr. Vs the District… — Banking and Recovery | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty to the petitioners to avail the alternative statutory remedy under Section 17 of the SARFAESI Act; all pending application(s) disposed of.

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Issue for consideration

Whether the writ petition under Article 226 of the Constitution challenging the order dated 16.09.2025 passed under Section 14 of the SARFAESI Act by the District Magistrate, SBS Nagar should be heard on merits, or whether the petitioners, who stated they were unable to deposit the substantial sum required to show their bona fides, should be permitted to withdraw it with liberty to avail the alternative statutory remedy under Section 17 of the SARFAESI Act.

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Court's answer

The present petition is dismissed as withdrawn, with liberty to the petitioners to avail the alternative statutory remedy under Section 17 of the SARFAESI Act.

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Ratio / Principle

All pending application(s), if any, stand disposed of.

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Detailed headnote1 paragraphs

Punjab & Haryana High Court (Division Bench: Sheel Nagu, Chief Justice, and Sanjiv Berry, Judge; decision dated 29.01.2026) — Harpreet Singh and another v. The District Magistrate, SBS Nagar and others, CM No. 1193 of 2026 in/and CWP-39278 of 2025. Writ petition under Article 226 of the Constitution of India by borrower-petitioners challenging the order dated 16.09.2025 passed under Section 14 of the SARFAESI Act by the District Magistrate, SBS Nagar. By order dated 28.01.2026 the Court had sought instructions whether the petitioners/borrowers were ready and willing to pay a substantial sum of the outstanding dues in the loan account. Senior counsel for the petitioners stated they were unable to deposit the substantial sum required to show bona fides, and, after seeking instructions, prayed for withdrawal with liberty to avail the alternative statutory remedy under Section 17 of the SARFAESI Act. Held: petition dismissed as withdrawn with the said liberty; all pending applications disposed of. The merits were not decided and no precedent was cited.

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CM-1193-CWP-2026 in/and CWP-39278 of 2025

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CM No. 1193 of 2026 in/and CWP-39278 of 2025 Date of decision: 29.01.2026

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HARPREET SINGH AND ANR

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….Petitioners

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V/S

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THE DISTRICT MAGISTRATE SBS NAGAR AND ORS

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… Respondents

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CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE

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Present: Mr. Sarju Puri, Senior Advocate (arguing counsel) with Ms. Naseem A Sheikh, Advocate for the petitioners.

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Mr. Ashwani Prashar, Advocate for respondents no. 2 and 3. (through V.C.).

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Mr. Salil Sabhlok, Senior Deputy Advocate General, Punjab.

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****

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SHEEL NAGU, CHIEF JUSTICE (Oral)

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With the consent of learned counsel for rival parties, the main case

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is preponed for today.

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The order dated 28.01.2026 was passed for seeking instructions as

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to whether the petitioners/borrowers are ready and willing to pay a substantial sum of the outstanding due in the loan account.

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Learned Senior Counsel appearing on behalf of the petitioners submits that the petitioners/borrowers are unable to deposit the substantial sum required to show their bona fides and to enable them to avail the remedy of judicial review under Article 226 of the Constitution of India, particularly in view of the existence of an unavailed alternative statutory remedy u/s 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of

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KAMAL GANDHISecurity Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’) for 2026.01.30 15:47 I attest to the accuracy and integrity of this document

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CM-1193-CWP-2026 in/and CWP-39278 of 2025

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challenging the order dated 16.09.2025 passed u/s 14 of the SARFAESI Act by the District Magistrate, SBS Nagar.

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At this juncture, learned Senior Counsel appearing on behalf of the petitioners after seeking instructions prays for withdrawal of present petition with liberty to avail the alternative statutory remedy u/s 17 of the SARFAESI Act.

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