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$~43

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C)-19808/2025 & CM APPL. 82696/2025, 82697/2025

ATTIRE HOTELS AND RESORTS PVT. LTD. .....Petitioner

Through: Mr. Sudeep Kumar Shrotriya, Mr.

Prakhar Singh, Mr. Abhishek Yadav and Mr.

Yuvraj Sardhana, Advocates.

versus

OMBUDSMAN, RESERVE BANK OF INDIA & ANR

….Respondents

Through: Mr. S.K. Tanwar, Advocate for R-

2/Punjab National Bank.

CORAM:

HON’BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 24.12.2025

1. This writ petition is filed on behalf of the Petitioner under Article 226

of the Constitution of India seeking following reliefs:-

“ A. Pass appropriate writ / order / direction thereby quashing the

Impugned Award dated 29.10.2025 passed by the Respondent No. 1, in

ombudsman complaint bearing no. RBI/ CMS/ 40 N202526023010780 /

2025 and directing the Respondent No.1 to decide the complaint of the

Petitioner as per law;

B. Pass appropriate writ / order / direction thereby restraining

Respondent No. 2, from proceeding with and/or taking any coercive

measures concerning the Secured Assets of the Petitioner in furtherance of

Section 13(2) of the SARFAESI Act;

C. Pass appropriate writ / order / direction thereby directing the

Respondent No. 2 to carry out a joint verification and settlement of loan

accounts as per the established accounting standards;

D. Pass appropriate writ / order / direction thereby directing the

W.P.(C)-19808/2025 Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 19:24:08

Respondent No. 2 to remove the illegal interest and penalties from the

outstanding amount against the said 2 loan accounts;

E. Pass appropriate writ / order / direction thereby directing the

Respondent No. 2 to supply the relevant documents as stated in para 44(a)

to 44(d) of the present petition;

F. Pass appropriate writ / order / direction thereby directing the

Respondent No. 2 to regularise the two loan accounts of the Petitioner by

reversing the classification of the loan accounts as Non-Performing Assets

and classify them as regular loan accounts;

G. Pass appropriate writ / order / direction thereby directing the

Respondent No. 2 to withdraw all the notices issued to the Petitioner, its

directors, guarantors etc. including the notices dated 06.10.2025 under

section 13(2) of the SARFAESI Act.

H. Pass such other / further directions this Hon’ble Court may deem fit

and proper in the facts and circumstances of the present case.”

2. Issue notice.

3. Mr. S.K. Tanwar, learned counsel appearing for Respondent No.

2/Punjab National Bank accepts notice.

4. Learned counsel for Petitioner inter alia argues that the bank has

charged the interest from retrospective effect which is not only contrary to

the RBI guidelines, but also contrary to bank’s own guidelines incorporated

in Fair Practice Code for Borrowers of Punjab National Bank.

5. Learned counsel for Respondent No. 2, on instructions from the bank

official, who has joined court proceedings virtually, submits that insofar as

the grievance with respect to the interest component is concerned, without

prejudice to rights and contentions of the bank, it is willing to revisit and

reconsider the issue and four weeks be granted to the Respondent No. 2 to

reconsider the matter.

6. This writ petition is accordingly disposed of directing the bank to look

into the issue of interest component levied on the Petitioner. Before taking

the decision, the bank will call the Petitioner for a personal hearing by a

W.P.(C)-19808/2025 Page 2 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 19:24:08

written communication intimating date, time and venue of the personal

hearing. The decision taken will be communicated to the Petitioner.

7. Needless to state that this