IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:09.02.2026 M/s. CSL Finance Limited …Petitioner Versus Ashok Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Anuj Dewan, Advocate for petitioner.

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PARMOD GOYAL, J. (ORAL)

Petitioner is aggrieved by order dated 23.12.2025 (Annexure P-

1) passed by Civil Judge Junior Division, Patiala, vide which application of respondent for releasing household articles, which were seized along with house of respondent by the petitioner at the time when mortgaged property was taken in possession under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'), was allowed.

2. The sole argument raised on behalf of the petitioner is that since inventory of articles, which were not mortgaged with the petitioner, were taken by it at the time of taking possession of mortgaged house, therefore, the only remedy available with the respondent is to approach Debts Recovery Tribunal under Sections 17 of SARFAESI Act.

3. However, I am of the view that no such exercise is justified for getting the inventory back which was taken by petitioner at the time of taking of possession of mortgaged house. The subject matter of notice under section 13(2) and 13(4) of SARFAESI Act was as regards to mortgaged house. There is no notice under Sections 13(2) or 13(4) of SARFAESI Act as regards to household articles or ornaments belonging to respondent and release of which is sought. These articles were not mortgaged with the petitioner and it could not take possession of these articles unless sanctioned by Courts.

4. Therefore, the petitioner, at the time of taking possession of the mortgaged house, only acted as a trustee/superdar for the property which does not belong to it rightfully. However, to give effect to the notice under Sections 13(2) and 13(4) of SARFAESI Act for taking possession of mortgaged house same were taken in possession. In fact, petitioner ought to have released such articles immediately as they were not subject matter of notice under Sections 13(2) and 13(4) of SARFAESI Act and taken only as an inventory, on the application made by respondent even without approaching the Court. No cause of action arises for respondent to approach Debts Recovery Tribunal under SARFAESI Act for release of inventory or household articles which are not subject matter of notice under Sections

13(2) and 13(4) of SARFAESI Act.

5. Therefore, as far as household articles and ornaments are concerned, they cannot be held to be subject matter of proceedings under mortgaged property or not for which notice under Sections 13(2) and 13(4) of SARFAESI Act has been duly issued by the petitioner, would be decided by Court of First Instance in pending application under Order VII Rule 11, Code of Civil Procedure, 1908 preferred by petitioner.

7. Learned counsel, at this stage, submits that there is a discrepancy between the items alleged by respondent and items available with the petitioner as per inventory. If any such discrepancy arises, same be brought to the notice of the Court of First Instance by moving appropriate application for seeking appropriate orders in that regard. No interference in present case is warranted.

8. In view of above discussion, present revision petition is disposed of.

9. Pending application(s), if any, stands disposed of.

(PARMOD GOYAL)

JUDGE

09.02.2026

Sunil Chander