Au Small Finance Bank Ltd v. District Magistrate And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-11970-2026 Date of Decision: 22.04.2026 AU SMALL FINANCE BANK LTD

...Petitioner

Versus

DISTRICT MAGISTRATE HOSHIARPUR AND ORS

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. Vaibhav Mittal, Advocate, for the petitioner.

***** 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. 3 to hand over the physical possession of the secured asset.

2.

Counsel for the petitioner submits that order dated 12.12.2025 (Annexure P-3) has been passed by the District Magistrate, Hoshiarpur under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act'). But despite a lapse of more than 4 months, physical possession of the secured asset has not been delivered. 3.

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

4.

On asking, Mr. A.S. Khara, Senior DAG, Punjab, has put in HARISH KUMAR 2026.04.24 10:41 I attest to the accuracy and authenticity of this order/judgment

CWP-11970-2026 (2) 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 12.12.2025 (Annexure P-3) to within a period of 60 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 22, 2026 JUDGE harish Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2026.04.24 10:41 I attest to the accuracy and authenticity of this order/judgment