CWP No.14087 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14087 of 2011 (O&M) Date of Decision: 04.08.2011 Hardev Singh Kahlon and another ... Petitioners Versus ICICI Bank and others 1 ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. D.K. Bhatti, Advocate, for the petitioners. ***** 1. Whether reporters of local papers may be allowed to see the judgment? NO 2. To be referred to the reporters or not? NO 3. Whether the judgment should be reported in the digest? NO K. KANNAN, J. (Oral) 1. The petition is for restraining the action taken by the Bank for realization of the amount lent by the Bank to the first petitioner and where the second petitioner has been shown as a co-applicant. The provisions of SARFAESI Act for recovery through processes referred to under Sections 13 and 14 are amenable for challenge in the appropriate forum under Section 17 of the SARFAESI Act and intervention through interim orders of stay invoking discretion to be exercised shall not be stretched beyond what the law permits. There are adequate authorities in the Supreme Court that dub interim orders of stay that are passed in brazen violations of the express provisions under the SARFAESI Act as untenable. This point has been dealt in the recent judgment of Hon'ble the Supreme Court in “Kanaiyalal Lalchand CWP No.14087 of 2011 (O&M) [2] Sachdev Vs. State of Maharashtra (2011) 2 SCC 782” 2. The writ petition is dismissed and the petitioner will have appropriate remedy to file an appeal under the SARFAESI Act. 4th August, 2011 ( K. KANNAN ) Rajan JUDGE