Bank Of India v. State Of Haryana And Others
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This writ petition has been filed inter alia for issuance of a writ in the nature of mandamus directing District Magistrate, Bhiwani to decide the application dated 09.02.2026 (Annexure P-3), filed by petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act'). 2.
Counsel for the petitioner submits that predecessor of respondents No.4 to 6 availed a loan facility from the petitioner-Bank and mortgaged immovable property. Counsel asserts that due to continuous default in repayment, loan account was classified as NPA on 19.05.2022. A notice under Section 13(2) of SARFAESI Act was issued on 21.11.2022 (Annexure P-1), followed by a notice under Section 13(4) of SARFAESI Act dated 06.01.2026 (Annexure P-2), whereafter symbolic possession of the secured asset was taken. Counsel states that petitioner moved an application (Annexure P-3) under Section 14 of SARFAESI Act before the HARISH KUMAR 2026.04.29 10:40 I attest to the accuracy and authenticity of this order/judgment
!"# $#$! %$& District Magistrate, Bhiwani, which is still pending. Counsel has made a reference to the statutory provisions and has urged that the application has to be decided within the time frame provided in the statute. 3.
Heard counsel for the petitioner.
4.
In view of the observations 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 District Magistrate, Bhiwani, to decide the application (Annexure P-3) as expeditiously as possible, preferably within a period of 60 days from the date of communication of copy of this order, unless there is any legal impediment in doing so.
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'( ) (* + ) (* HARISH KUMAR 2026.04.29 10:40 I attest to the accuracy and authenticity of this order/judgment