[Cites 3, Cited by 0]
Punjab-Haryana High Court
Gurcharan Kumar Sethi vs Allahabad Bank And Ors on 19 January, 2026
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CWP-7991 of 2018 (O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(1)
CWP-7991 of 2018 (O&M)
Date of decision: 19.01.2026
GURCHARAN KUMAR SETHI
....Petitioner
V/S
ALLAHABAD BANK AND OTHERS.
... Respondents
(2)
CWP-26280 of 2018 (O&M)
Date of decision: 19.01.2026
RANJAN AGRAWAL
....Petitioner
V/S
ALLAHABAD BANK AND OTHERS.
... Respondents
(3)
CWP-12821 of 2016 (O&M)
Date of decision: 19.01.2026
DR. PURAN CHAND DHARAMARTH TRUST (REGD.)
....Petitioner
V/S
DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH AND OTHERS.
... Respondents
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV BERRY, JUDGE
Present: Mr. Aalok Jagga, Advocate (Arguing Counsel)
Mr. Harkirat S. Jagdev, Advocate for the petitioner in
CWP Nos. 7991 of 2018, 26280 of 2018 and 12821 of 2016.
Mr. Rajiv Joshi, Advocate for the respondent/Bank.
Mr. Vishal Aggarwal, Advocate (Arguing Counsel)
Mr. Hritik Sharma, Advocate for respondent no.3
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CWP-7991 of 2018 (O&M)
Mr. Sunil Chadha, Senior Advocate (Arguing Counsel)
with Mr. Kashish Aggarwal, Advocate for respondent no. 5
in CWP No. 7991 of 2018 and CWP No. 26280 of 2018
and respondent no. 4 in CWP No. 12821 of 2016.
Mr. Neeraj Gupta, Addl. Advocate General, Haryana.
****
SHEEL NAGU, CHIEF JUSTICE (Oral)
1. Mr. Aalok Jagga, Advocate, has appeared and filed Power of
Attorney in CWP No. 12821 of 2016, which is taken on record.
2. These three petitions, bearing CWP No. 12821 of 2016 (filed by
the petitioner/borrower), CWP No. 7991 of 2018, and CWP No. 26280 of
2018 (filed by the petitioner, who is one of the trustees of the borrower and
also a guarantor), challenge the notices issued u/s 13(2) of the Securitization
and Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002 (for short, 'SARFAESI Act') as well as the recourses taken by the
respondent-Bank u/s 13(4) of the SARFAESI Act.
3. While entertaining this petition, this Court passed an interim
order dated 25.11.2019, staying the auction of the secured asset, i.e.
Residential House No. 3302, Sector 23-A, Gurugram. The interim order dated
25.11.2019 continues to subsist till date.
4. In respect of CWP No. 7991 of 2018, petitioner-guarantor has
expired. No application for substitution of legal heirs was filed within the
prescribed period of 90 days. Therefore, in terms of the local amendment in
Volume I, Chapter 21 of the High Court Rules and Orders, incorporating
Order XXII Rule 3(2), CWP No. 7991 of 2018 is also being disposed of. For
ready reference and convenience, the amended Order XXII Rule 3(2) is
reproduced below:
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CWP-7991 of 2018 (O&M)
Order XXII, Rule 3 - Procedure in case of death of one of
several plaintiffs or of sole plaintiff:-
(1) X X X X X
(2) Where within the time limited by law no application is made
under sub-rule (1), the suit shall not abate as against the
deceased plaintiff, and the judgment may be pronounced
notwithstanding his death, which shall have the same effect as
if it had been pronounced before the death took place, and the
contract between the deceased and the pleader shall continue
to subsist.
5. In view of the above and considering the fact that the Debts
Recovery Tribunal (DRT) and Debts Recovery Appellate Tribunal (DRAT)
are functional and that disputed questions of fact are involved which ought
not to be adjudicated in writ jurisdiction, this Court declines interference on
merits and relegates the parties to avail appropriate remedies before the
DRT/DRAT, as the case may be.
6. The rival parties shall be at liberty to raise all permissible legal
defences and objections, including objections relating to limitation before the
DRT/DRAT.
7. Interim relief in the present petition, shall continue till the DRT
takes fresh decision on the question of interim relief, provided the petitioner
approaches the DRT within 30 days, failing which the interim relief shall lose its
effect. It is made clear that if petitioner approaches the Tribunal within the
prescribed stipulated time, then this order shall not prejudice the mind of
Tribunal while deciding the question of interim relief, if admissible to the
petitioner. We further make it clear that the Tribunal shall decide the request for
interim relief strictly on merits of the matter, without being influenced by the
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CWP-7991 of 2018 (O&M)
fact of petitioner having approached this Court or this Court having passed the
present order.
8. With the aforesaid liberty, all these three petitions stand disposed
of.
9. All pending Civil Miscellaneous Applications, if any, also stand
disposed of.
(SHEEL NAGU)
CHIEF JUSTICE
(SANJIV BERRY)
JUDGE
19.01.2026
Kamal Gandhi Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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