Mimi Hira And ANR. v. Union Of India And ORS.

18.12.2025 sdas WPA 28320 of 2025 Mimi Hira & Anr.

Vs.

The Union of India & Ors.

1. None appears on behalf of the parties nor has any accommodation been prayed for.

2. The petitioners seek a strange relief as will appear from prayer (a) of the petition. A writ is sought on the respondents directing them to act in accordance with dictum of the Hon'ble Supreme Court of India in several matters as mentioned therein.

3. This writ petitioner is seeking a direction from this Court on the Debts Recovery Tribunal, to entertain an application, which ought to have been made before the Debt Recovery Tribunal, as notices under Sections 13(2) and 13(4) of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "SARFAESI Act") have been issued and a sale notice was also issued in May, 2025.

4. If the petitioners have not challenged such sale notice, the same has become grossly time barred in view of the provisions of strict timelines under

the SARFAESI Act for making an application under Section 17 of the SARFAESI Act.

5. Such an order cannot be passed in this writ petition and the same is accordingly dismissed.

6. There shall, however, be no order as to costs.

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)