High Court of Punjab and HaryanaCWP/5836/2024disposed of

Kailash Ahuja v. Canara Bank And ORS

2026-04-22Mrs. Justice Alka Sarin,Justice (To Be Nominated)2 pages

226-1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-5836-2024 (O&M) Date of Decision : 22.04.2026 Kailash Ahuja ... Petitioner

Versus

Canara Bank and Ors ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI Present :

Mr. Mahir Sood, Advocate for the petitioner.

Mr. Gaurav Goel, Advocate for respondent Nos.1 and 2. ALKA SARIN, J. (Oral) 1.

Present writ petition has been filed challenging the order dated 15.02.2024 (Annexure P-1) whereby the appeal preferred by the petitioner under Section 17 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act') has been dismissed only on the ground of delay. 2.

Learned counsel for the parties are ad idem that the issue whether the provisions of Limitation Act, 1963 including Section 5 of the Limitation Act, 1963 for condoning the delay are applicable to applications filed under Section 17(1) of the SARFAESI Act is no longer res integra and that the issue stands settled by the Division Bench of this Court in case of M/s Fair Style Embroidery Works & Anr. vs. Debts Recovery Tribunal-III & Ors. [2025

(4) RCR (Civil) 666].

JITENDER KUMAR 2026.04.23 10:11 I attest to the accuracy and authenticity of this order/judgment Chandigarh

CWP-5836-2024 -23.

In view of the above and without commenting on the merits of the case, the impugned order dated 15.02.2024 (Annexure P-1) passed by the Debt Recovery Tribunal-III, Chandigarh is set aside and the matter is remanded back to the Debt Recovery Tribunal-III, Chandigarh for a decision afresh on the application for condoning the delay in accordance with law. 4.

The parties are directed to appear before the Debt Recovery Tribunal-III, Chandigarh on 04.05.2026 at 11.00 am. 5.

Disposed off. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE ( RAMESH CHANDER DIMRI ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 22.04.2026 jk JITENDER KUMAR 2026.04.23 10:11 I attest to the accuracy and authenticity of this order/judgment Chandigarh