IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 16.02.2026 Pronounced on : 17.02.2026 Uploaded on : 17.02.2026 Pawan Kumar …….Petitioner Versus Bank of Maharashtra and another ...….Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. Anand Chhibbar, Senior Advocate (arguing counsel), with Mr. Jatin Bansal, Advocate, Ms. Keerti Sandhu, Advocate, Ms. Prabhjot Kaur, Advocate, and Ms. Akansha, Advocate, for the petitioner.

Mr. Gaurav Goel, Advocate, for the respondent Bank.

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1. The petitioner – borrower has invoked the writ jurisdiction of this Court under Article 226 of Constitution of India as well as supervisory jurisdiction under Article 227, seeking following prayers :

(i) To issue writ of certiorari quashing auction notice dated 08.01.2026 (Annexure P-12);

(ii) To set aside redemption-cum-sale notice dated

06.09.2025 (Annexure P-4) and all consequential proceedings;

(v) To quash enforcement of SARFAESI proceedings against secured asset being residential property.

2. The petitioner – borrower has approached this Court under Article 226 of Constitution of India, despite having already filed SA/663/2025 on similar grounds, which is pending adjudication before DRT-II, Chandigarh.

3. The predicament before the petitioner is that auction of secured asset is scheduled to be held on 17.02.2026 and SA/663/2025 cannot be heard in view of the Presiding Officer of DRT-II, Chandigarh, having demitted office on 13.02.2026.

4. Pertinently, SA/663/2025 was taken up on 15.12.2025, when the following order was passed :-

SA/663/2025 Pawan Kumar Vs. Bank of Maharashtra

15.12.2025 Present : Mr. Jatin Bansal, Advocate (through VC) along with the Applicant (SA)

Mr. Munish Yadav Advocate for the Respondent Bank Applicant owes a sum of Rs. 3,30,00,000/-. The auction of two houses is fixed up for tomorrow, i.e. 16.12.2025. Applicant states that he has already deposited Rs. 62 lacs today.

Counsel for the Applicant undertakes to deposit Rs. 18 lacs by 11.00 a.m. tomorrow and another sum of Rs. 1,20,00,000/- by 31.12.2025. Subject to the payment as undertaken, the auction fixed up for tomorrow is hereby cancelled.

To come up on 08.01.2026.

Sd/-

(A.S. Narang)

Presiding Officer DRT-2 Chandigarh (Additional Charge)

4. From the above, it is obvious that the petitioner was granted relief of cancellation of auction scheduled to be held earlier on 16.12.2025, subject to the petitioner depositing Rs. 1,20,00,000/- latest by 31.12.2025.

4.1 The petitioner has not disputed that he failed to deposit Rs. 1,20,00,000/- by the said date and, therefore, the entire order became otiose on 01.01.2026. Now, the auction is scheduled for 17.02.2026.

5. In view of the petitioner having failed to comply with the condition, subject to which interim order was passed by DRT – 2, Chandigarh, on 15.12.2025, the petitioner herein has failed to demonstrate his bonafide and, therefore, this Court declines to assist the petitioner in any manner, especially under the discretionary plenary jurisdiction under Article 226 of Constitution of India.

6. In view of above, no case is made out and the present petition is dismissed with liberty to the petitioner to pursue his cause in SA/663/2025.

( SHEEL NAGU )

CHIEF JUSTICE ( SANJIV BERRY )

February 17, 2026 JUDGE narotam