Case Details

  • Case name: Indian Bank vs M/s Fair Style Embroidery Works & Ors.
  • Diary No.: 71961/2025
  • Origin: Arising out of impugned final judgment and order dated 12-09-2025 in CWP No. 20243/2025 passed by the High Court of Punjab & Haryana at Chandigarh.
  • Court: Supreme Court of India
  • Order date: 25-05-2026
  • Applications: IA No. 127319/2026 (condonation of delay), IA No. 127322/2026 (condonation of delay in refiling/curing defects), IA No. 127317/2026 (exemption from filing C/C of the impugned judgment)

Parties Involved

  • Petitioner: Indian Bank
  • Respondent: M/s Fair Style Embroidery Works & Ors.
  • Counsel for petitioner: Mr. Brijesh Kumar Tamber (Advocate on Record), Mr. Vinay Singh Bist (Advocate)
  • Bench: Hon'ble Mr. Justice Pamidighantam Sri Narasimha, Hon'ble Mr. Justice Alok Aradhe
  • Court Master/Assistant Registrar: Kapil Tandon, Nidhi Wason

Issues / Allegations / Violations

  • Interpretation of Section 17 of the SARFAESI Act regarding whether the Debt Recovery Tribunal (DRT) has jurisdiction to condone delay in filing applications.
  • Divergent judicial opinions: High Courts of Kerala, Calcutta, and Madras hold DRT lacks jurisdiction; High Courts of Punjab & Haryana, Bombay, and Andhra Pradesh hold DRT has jurisdiction.

Findings & Observations

  • The Supreme Court noted the existence of divergent views among various High Courts on the scope of Section 17 SARFAESI.
  • No definitive resolution on the jurisdictional question was rendered in this order; the matter is referred for further consideration.

Penalties / Settlements / Directions

  • The Court ordered issuance of notice on the applications seeking condonation of delay (IA Nos. 127319/2026, 127322/2026) and on the Special Leave Petition.
  • The notice shall be returnable on 14‑08‑2026.
  • Parties directed to maintain the status quo until the next hearing.

Corrective Actions & Future Obligations

  • Parties must comply with the status quo order.
  • Respondents and petitioner must respond to the notice by the stipulated return date.

Final Ruling & Enforcement

  • Notice to be issued as directed; hearing scheduled with return date 14‑08‑2026.
  • Status quo to be maintained pending further orders.