State Of Himachal Pradesh vs The Recovery Officer, Debt Recovery ... on 28 April, 2023
39. Pertinently, the High Court while seized of the writ petition of
PNB was not at all concerned with the SARFAESI Act as such. The
matter had travelled to the High Court from proceedings under the
DRT Act. There was, thus, no occasion for the High Court to
pronounce on the validity of section 16-B of the HPGST Act based on
what was held by its coordinate Bench in M/s A.J. Infrastructures
Pvt. Ltd. (supra). The High Court, in our considered view, was
therefore in clear error.