[Cites 4, Cited by 0]
Uttarakhand High Court
6 February vs Chief Judicial Magistrate & Others on 16 February, 2026
Author: Pankaj Purohit
Bench: Pankaj Purohit
2026:UHC:947
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 340 of 2026
16 February, 2026
India Shelter Finance Corporation
--Petitioner
Versus
Chief Judicial Magistrate & others
--Respondents
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Presence:-
Mr. Sidhdharth Jain, learned counsel for the petitioner.
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Hon'ble Pankaj Purohit, J.
The petitioner has moved this writ petition
seeking for a direction in the nature of mandamus to the
respondent no.1 to decide the application dated
27.08.2025 titled as Petition No.328 of 2025, India
Shelter Finance Corporation Ltd. vs. Mrs. Promila Devi &
others, annexure-4 and to complete the task of handing
over the physical possession of the property in question
to the petitioner Financial Institution with the assistance
of the Police Personnel expeditiously within a shortest
period prescribed by this Court.
2. It is the contention of the petitioner that
petitioner is a secured creditor who sanctioned the home
loan to the respondent no.2-the borrower amounting to
Rs.13 lakhs. When the loan was not repaid by
respondent no.2, the proceeding under the Securitisation
and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 (For short "the SARFAESI,
Act, 2002) was initiated. After giving notice under
Sections 13(2) and 13(4) of the SARFAESI Act, 2002, the
2026:UHC:947
petitioner-secured creditor has moved the application to
the CJM under Section 14 of the SARFAESI Act, 2002 to
assist secured creditor in taking possession of secured
asset.
3. It is also the contention of learned counsel for
the petitioner that the said application was moved by the
petitioner on 27.08.2025 supported by an affidavit and
was registered as Petition No. 328 of 2025, India Shelter
Finance Corporation Ltd. vs. Mrs. Promila Devi & Others,
before Respondent No. 1, the CJM, Dehradun. He further
submitted that, till date, no progress has been made in
the said application and it remains pending as originally
filed.
4. An innocuous prayer has been made by the
petitioner to this Court seeking a direction to the
respondent no.1 to decide the said application within
stipulated period.
5. The attention of this Court has been drawn by
learned counsel for the petitioner to proviso Section 14 of
the SARFAESI Act, 2002, wherein it is provided that after
satisfying contents of the affidavits, the District
Magistrate or the Chief Metropolitan Magistrate may pass
suitable orders for the purpose of taking possession of
the secured assets within a period of thirty days from the
date of application and further proviso provides that the
District Magistrate/Chief Metropolitan Magistrate may
decide such application for a further period, recording
the reasons in writing for the same, and pass the order
within such further period but not exceeding in aggregate
sixty days.
2026:UHC:947
6. I have perused the proviso to Section 14 of the
SARFAESI Act, 2002 and find that the submissions made
by learned counsel for the petitioner are correct. The
application has been pending since 27.08.2025 before
the CJM.
7. In view of the above, the writ petition is
disposed of with a direction to respondent no.1 to decide
the application dated 27.08.2025, titled as Petition No.
328 of 2025, India Shelter Finance Corporation Ltd. vs.
Mrs. Promila Devi & Others, within a period of thirty days
from the date of production of a certified copy of this
order, strictly in accordance with law.
8. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
16.02.2026
AK
