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(2026) Law Today Live Doc. Id. 21181 = 2026:PHHC:082930-DB
Decided on: 25.05.2026
Present:
Ms. Ankita Gupta, Advocate, for the petitioner.
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SARFAESI -- Secured asset -- Physical possession -- Non-compliance of District Magistrate's order -- Mandamus issued for implementation.
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Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 14 -- Constitution of India, Article 226 -- Secured asset -- Physical possession -- Order under S.14 passed by District Magistrate for taking possession of secured asset -- Physical possession not delivered despite lapse of more than two and a half months -- Writ petition seeking implementation of said order -- Competent authority directed to execute and comply with the order under S.14 within 60 days from communication of Court's order, unless any legal impediment exists.
(Paras 2, 5)
Cases referred:
1. Bank of Maharashtra vs. District Magistrate, Hisar and others, 2024 (2) PLR 346.
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SUVIR SEHGAL, J. (ORAL) –
1. This writ petition has been filed inter alia for issuance of a writ in the nature of mandamus directing respondents No.2 to 4 to provide assistance in handing over the physical possession of the secured asset.
2. Counsel for the petitioner submits that order dated 09.03.2026 (Annexure P-1) has been passed by District Magistrate, Sonipat 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 two and a half 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, 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 = (2026) Law Today Live Doc. Id. 21100 = 2026:PHHC:037744-DB, writ petition is disposed of with a direction to competent authority to comply with order dated 09.03.2026 (Annexure P-1) 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.
Order accordingly.
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