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

Order Date: 15 September 2026

Case Overview

  • Parties: Petitioner – M/s Ms Traders; Respondent – State Bank of India (SBI).
  • Nature of proceeding: Writ petition challenging a demand notice issued by SBI under Section 13(2) of the SARFAESI Act, 2002.
  • Key dates: The impugned notice was dated 24 July 2026. The petition was heard virtually with counsel Mr. Navneet Thakran for the petitioner and Mr. Ashish Joshi for SBI.
  • Legal provisions: Section 13(2) of the SARFAESI Act authorises the notice; the petitioner may make a representation under Section 13(3A) of the Act.
  • Additional context: The court referenced RBI Circular/Guidelines on the revival and rehabilitation of Micro, Small and Medium Enterprises (MSMEs).

Final Outcome

  • The writ petition is disposed of.
  • The petitioner is granted liberty to file a representation against the SARFAESI notice within four days from the order date; the Competent Authority must decide this representation within two weeks.
  • The petitioner is also permitted to make a separate representation concerning enforcement of the RBI MSME revival guidelines within ten days; the Competent Authority must decide this second representation within three weeks.

Topics: SARFAESI Act, Banking Regulation, MSME Rehabilitation