Charanjeet Kaur v. Debt Recovery Tribunal Ii, And Another

CWP-7087-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-7087-2025 (O&M) Date of decision: 19.09.2025 CHARANJEET KAUR ....Petitioner

Versus

DEBT RECOVERY TRIBUNAL II, AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY *****

Present:

Mr. Sukhdeep Singh, Advocate for the petitioner.

Ms. Deepika Mittal, Advocate for respondent No.2.

Mr. Brijesh Kumar, Advocate (Arguing counsel) Mr. Virender Singh, Advocate for applicant in CM-11964-CWP-2025/auction purchaser. ***** SHEEL NAGU, C.J. (Oral) 1.

The petitioner-borrower has approached this Court against the dispossession notice issued u/s 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity).

2.

While taking cognizance of the matter on 19.03.2025, this Court had directed for maintenance of status quo in regard to possession. The said status quo was subject to statement made by counsel for the petitioner that the petitioner-borrower is ready to pay the outstanding amount. 2.1 The petitioner, however, did not make any payment and therefore no bona fides have been shown by the petitioner in the last about six months. The contention of the petitioner that the Bank had refused to receive any deposit cannot be accepted, since the amount could have been deposited in the loan MOHIT GOYAL 2025.09.21 10:57 I attest to the accuracy and integrity of this document

CWP-7087-2025 (O&M) 2 account or could have been paid by way of bank draft in favour of the Bank. 3.

Since no such effort was made by the petitioner, the interim order passed on 19.03.2025 gets automatically vacated. 4.

Petition stands disposed of accordingly.

5.

The petitioner is however free to avail alternate remedy available to her in accordance with law.

6.

Pending applications, including application No.CM-11964-CWP2025, shall stand disposed of accordingly. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) 19.09.2025 JUDGE mohit goyal Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT GOYAL 2025.09.21 10:57 I attest to the accuracy and integrity of this document