Ms Grihum Housing Finance Limited v. Chief Judicial Magistrate, Amritsar

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-11547-2026 Date of decision: April 18, 2026 M/S GRIHUM HOUSING FINANCE LIMITED ....Petitioner

Versus

CHIEF JUDICIAL MAGISTRATE, AMRITSAR AND ORS ....Respondents CORAM:- HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. Svamin Sharma, Advocate for the petitioner. Mr. Akhil Kamra, AAG, Punjab.

***** SUVIR SEHGAL, J. (ORAL) 1.

This writ petition has been filed inter alia for issuance of a writ in the nature of mandamus directing respondent No.1, 3 and 4 to hand over the physical possession of the secured asset.

2.

Counsel for the petitioner submits that order dated 24.02.2026 (Annexure P-3) has been passed by the Chief Judicial Magistrate, Amritsar under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act'). RITU SHARMA 2026.04.21 09:45 I attest to the accuracy and integrity of this document

CWP-11547-2026 -2But despite a lapse of more than one month, physical possession of the secured asset has not been handed over.

3.

Advance copy of the petition has been served upon the official respondents.

4.

On asking, State counsel has put in appearance on behalf of respondents-state. He does not have any instructions. 5.

Having heard counsel for parties and keeping in view the observations of Division Benches of this Court in Bank of Maharashtra vs. District Magistrate, Hisar and others, 2024(2) PLR 346, as well as in IIFL Home Finance Limited vs. State of Haryana and others, Law Finder Doc ID #2875322, writ petition is disposed of with a direction to competent authority to comply with order dated 24.02.2026 (Annexure P-3) to within a period of 15 days from the date of communication of the copy of this order, unless there is any legal impediment in doing so.

(SUVIR SEHGAL) JUDGE (VIKAS SURI) April 18, 2026 JUDGE Rts Whether speaking/reasoned: Yes/No Whether reportable: Yes/No RITU SHARMA 2026.04.21 09:45 I attest to the accuracy and integrity of this document