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High CourtsDivision Bench(2025) 10 P&H CK 1450

M/S Banke Bihari Associates And Others vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 1 October 2025

HON’BLE JUDGES
Sheel Nagu, CJ · Sanjiv Berry, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous No. 14750 Of 2025, Civil Writ Petition No. 4931 Of 2025 (O&M)
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Judgment

8 paragraphs · 147 words

Sheel Nagu, CJ

1.

Application No.CM-14750-CWP-2025 has been filed by the petitioners-borrowers for stay of sale notice dated 03.09.2025 (Annexure A-4).

2.

With the consent of parties, main case i.e.CWP-4931-2025 is preponed and taken up today itself.

3.

During the course of arguments, it transpired that the petitioners are borrowers and have assailed notice u/s 13(4) and order u/s 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity).

3.

1The petitioners have filed S.A. bearing Diary No.406 of 2025 before Debts Recovery Tribunal (DRT)-II, Chandigarh.

4.

In view of the above and the fact that DRT-II, Chandigarh has now become functional, this Court declines interference on merits and relegates the petitioners to pursue the remedy under SARFAESI Act as already availed.

5.

Petition stands disposed of accordingly.

6.

Pending applications, including CM-14750-CWP-2025, shall stand disposed of accordingly.