Manoj Kumar Tiwari Rejects SARFAESI Notice Challenge

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

Order Date: 22.07.2026

Case Overview

• Petitioner: Subhash Chuahn
• Respondents: Hinduja Housing Finance Ltd and another
• Petitioner challenged a notice issued under Section 13(4) of the SARFAESI Act, 2002.
• The Court noted that the petitioner has a specific remedy under Section 17 of the SARFAESI Act, i.e., approaching the Debt Recovery Tribunal (DRT).
• Accordingly, the Court was not inclined to interfere with the impugned notice.

Final Outcome

• The writ petition is disposed of.
• The petitioner is granted liberty to approach the appropriate forum, namely the Debt Recovery Tribunal, as available under law.

Topics: SARFAESI Act, Debt Recovery Tribunal