Ummeed Housing Finance Pvt Ltd v. District Magistrate Sonipat And ORS


   

 



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1.

The present writ petition has been filed by petitioner/financial institution aggrieved by non-execution of the order dated 17.07.2025 (Annexure P-3) passed by the District Magistrate, Sonipat, under the provisions of Section 14 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity). 2.

It is rather surprising that the District Magistrate Sonipat or the concerned Naib Tehsildar, (Respondent No. 2) have failed to discharge their statutory duty of assisting and handing over physical possession of the secured asset to the petitioner Bank. 2.1 Non-Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt


enforcement of recovery mechanism under the SARFAESI Act is paramount for liquidity in the system.

3.

In view of the above, this court by way of writ of mandamus directs the District Magisrate/Respondent No. 1 to execute the order dated 17.07.2025 (Annexure P-3) passed under Section 14 of SARFAESI Act by handing over physical possession of the secured asset to the petitioner Bank as expeditiously as possible, preferably, within a period of 15 days. The petitioner bank, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount.

4.

The petition for the time being stands disposed of in the terms aforesaid. Needless to say that the guidelines laid down by Coordinate Bench in Bank of Maharashtra Vs. District Magistrate, Hisar And Others [CWP-7018-2022 decided on 28.05.2024] be adhered to by the concerned authorities.

5.

We hasten to add that this order shall however be subject to any restraint/ interim/ final order which may have been passed by any judicial forum, in favour of the borrower(s)/ guarantor/ any aggrieved person, who is party to this lis.

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