HC Orders 10-Day Stay, Dismisses Writ

Authority: Hon'ble Manoj Kumar Tiwari, J. (High Court)

Order Date: 11.09.2026

Case Overview

• Petitioner: Pankaj Saini
• Respondents: SMFG India Credit Company Limited and another entity
• Nature of proceedings: Writ petition (WPMS/2721/2026) challenging SARFAESI Act actions initiated due to loan default.
• Petitioner sought: (i) Quashing of the communication/letter dated 06.08.2026 ordering physical possession of secured property; (ii) Mandamus restraining respondents from any coercive steps, including dispossession, except as per law.
• Court observed that the petitioner has a remedy before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act.

Final Outcome

• The writ petition is disposed of, directing the petitioner to approach the appropriate forum (Debt Recovery Tribunal).
• A temporary stay of 10 days is granted, during which respondents may not take any coercive action against the petitioner.
• No further reliefs were granted; the petition to quash the 06‑Aug‑2026 notice was rejected.

Topics: Legal Proceedings, SARFAESI Act