HARYANA AT ARH CHANDIGARH CWP-2139-2025 (O&M) M) ate of decision: February 10 & Ors. v. H rsus HDFC Ltd & Ors.
Case at a glance
Outcome
Disposed of
Petition stands disposed of, accordingly
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 55. Petition stands disposed of, accordingly. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (SUKHVINDER KAUR) JUDGE February 10, 2025 mahavir Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MAHAVIR SINGH 2025.02.15 15:08 I attest to the accuracy and authenticity of this order/…
Judgment
CORAM: HO HON’BLE MR. JUSTICE SUDH HON’BLE MRS. JUSTICE SUK HO SUDHIR SINGH SUKHVINDER KAUR Mr. J.S. Jaidka, Advocate and Present:- Mr Mr. Ravi Kumar Indlia, Advocate Mr ocate for the petitioner. Mr. Vaibhav Singh Tara, Advocate Mr vocate for respondents No.1 to 3. SUDHIR SING SINGH, J. (ORAL) ***** Present petition has been filed Pre f the filed under Article 226/227 of the Constitution of ion of India seeking issuance of a Wri a Writ in the nature of Certiorari for quashing impug impugned order dated 19.12.2024 (An 24 (Annexure P-1) passed by learned Debt Recovery overy Tribunal – 3, Chandigarh in rh in SA No.130/2022 titled Aftab Alam versus H rsus HDFC Ltd. and others, for qua or quashing impugned notice dated
25.05.2022 (An 2 (Annexure A-3 with the aforesa foresaid SA application), and for quashing impug impugned notice dated 31.12.2024 (An 24 (Annexure P-5).
#2. Learned counsel for respondents Lea d, in ndents No.1 to 3 has tendered, in course of hearin hearing, a short affidavit dated 30.01.2 n on 30.01.2025, and the same is taken on record. He subm e submits that the alternative remedy a medy available to the petitioner is by filing an appeal appeal under Section 18 of the Securit f ecuritisation And Reconstruction of MAHAVIR SINGH 2025.02.15 15:08 I attest to the accuracy and authenticity of this order/ judgment 2 1 of 2 CWP-2139-2025 (O&M) Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) before the Debts Recovery Appellate Tribunal (for short ‘the DRAT’) concerned.
#3. Considering the nature of relief sought for herein, the petitioner is directed to file an appeal under Section 18 of the SARFAESI Act before the DRAT concerned, in accordance with law.
#5. Petition stands disposed of, accordingly. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (SUKHVINDER KAUR) JUDGE February 10, 2025 mahavir Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MAHAVIR SINGH 2025.02.15 15:08 I attest to the accuracy and authenticity of this order/ judgment 2 of 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition stands disposed of, accordingly
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
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