Equitas Small Finance Bank Limited v. Additional District Magistrate (Adm) Cum Additional District Collector Moga

CWP-15326 of 2026

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-15326 of 2026 Date of decision: 18.05.2026 EQUITAS SMALL FINANCE BANK LIMITED ....Petitioner V/S ADDITIONAL DISTRICT MAGISTRATE (ADM) CUM ADDITIONAL DISTRICT COLLECTOR MOGA AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL, JUDGE HON'BLE MR. JUSTICE VIKAS SURI, JUDGE

Present:

Mr. Nitin Thatai, Advocate for the petitioner. (Through V.C.) Mr. A.S. Khara, Senior Deputy Advocate General, 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 to 3 to provide assistance in handling over the physical possession of the secured asset. 2.

Counsel for the petitioner submits that order dated 19.06.2025 (Annexure P-3) has been passed by the Additional District Magistrate, Moga under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act'), but despite lapse of more than 11 months, physical possession of the secured asset has not been delivered.

3.

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

KAMAL GANDHI 2026.05.20 11:16 I attest to the accuracy and integrity of this document

CWP-15326 of 2026 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 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 19.06.2025 (Annexure P-3) 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. (SUVIR SEHGAL) JUDGE (VIKAS SURI) JUDGE 18.05.2026 Kamal Gandhi Whether speaking/reasoned Yes/No Whether reportable Yes/No KAMAL GANDHI 2026.05.20 11:16 I attest to the accuracy and integrity of this document