[Cites 4, Cited by 0]
Uttarakhand High Court
WPMS/686/2026 on 24 March, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2026:UHC:2105
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS No. 686 of 2026
Hon'ble Rakesh Thapliyal, J.
1. Ms. Menka Tripathi, learned counsel for the
petitioner.
2. The petitioner in the instant writ petition is
praying for the following reliefs:
i. Issue a direction or order to the Ld. Chief
Judicial Magistrate, Dehradun, to decide and
dispose of the Securitisation application no.
342/2025 under Section 14 of the SARFAESI Act
in the matter of Poonawalla Fincorp Ltd. vs.
Hawk Security Service & Ors. (Annexure No. 1)
within a stipulated period, preferably within
one month.
3. The relief as sought appears to be
innocuous.
4. Ms. Menka Tripathi, learned counsel for the
petitioner, submits that the application under
section 14 of the SARFAESI Act has to be decided
within 60 days but in this particular application
was filed in September, 2025 and almost six
months have been passed but the same is still
pending for consideration before the learned Chief
Judicial Magistrate, Dehradun.
5. Section 14 of the Securitisation Act is read as
under:
"14. Chief Metropolitan Magistrate or District
Magistrate to assist secured creditor in taking
possession of secured asset.
(1)Where the possession of any secured asset is
required to be taken by the secured creditor or if
any of the secured asset is required to be sold or
transferred by the secured creditor under the
provisions of this Act, the secured creditor may,
for the purpose of taking possession or control
of any such secured asset, request, in writing,
the Chief Metropolitan Magistrate or the District
Magistrate within whose jurisdiction any such
secured asset or other documents relating
thereto may be situated or found, to take
possession thereof, and the Chief Metropolitan
Magistrate or, as the case may be, the District
Magistrate shall, on such request being made to
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him.
(a) take possession of such asset and documents
relating thereto; and
(b) forward such asset and documents to the
secured creditor:
[Provided that any application by the secured
creditor shall be accompanied by an affidavit duly
affirmed by the authorised officer of the secured
creditor, declaring that--
(i) the aggregate amount of financial
assistance granted and the total claim
of the Bank as on the date of filing
the application;
(ii) the borrower has created security interest
over various properties and that the Bank
or Financial Institution is holding a valid
and subsisting security interest over such
properties and the claim of the Bank or
Financial Institution is within the limitation
period;
(iii) the borrower has created security interest
over various properties giving the details
of properties referred to in sub-clause
(ii)above;
(iv) the borrower has committed default in
repayment of the financial assistance
granted aggregating the specified amount;
(v) consequent upon such default in
repayment of the financial assistance the
account of the borrower has been classified
as a non-performing asset;
(vi) affirming that the period of sixty days
notice as required by the provisions of sub-
section (2) of section 13, demanding
payment of the defaulted financial
assistance has been served on the
borrower; 1. Ins. by Act 1 of 2013, s. 6
(w.e.f. 15-1-2013).
(vii) the objection or representation in reply to
the notice received from the borrower has
been considered by the secured creditor
and reasons for non-acceptance of such
objection or representation had been
communicated to the borrower;
(viii) the borrower has not made any repayment
of the financial assistance in spite of the
above notice and the Authorised Officer is,
therefore, entitled to take possession of the
secured assets under the provisions of sub-
section (4) of section 13 read with section
14 of the principal Act;
(ix) that the provisions of this Act and the rules
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made thereunder had been complied with
(2) For the purpose of securing compliance with
the provisions of sub-section (1), the Chief
Metropolitan Magistrate or the District
Magistrate may take or cause to be taken such
steps and use, or cause to be used, such force, as
may, in his opinion, be necessary.
(3)No act of the Chief Metropolitan Magistrate
or the District Magistrate [any officer
authorised by the Chief Metropolitan
Magistrate or District Magistrate] [Inserted
by Act No. 1 of 2013] done in pursuance of
this section shall be called in question in
any Court or before any authority."
6. In such view of the matter, since the
application under section 14 of the SARFAESI Act
is pending for adjudication and the maximum
time limit as provided under the Act is 60 days
and the said application is already over in
September, 2025, this court is of the view that
pending application preferred under section 14
under the SARFAESI Act has to be expedited.
7. In such view of the matter, the writ petition
is disposed of finally with the direction to the
Chief Judicial Magistarte to decide the application
moved under section 14 of the SARFAESI Act as
expeditiously as possible preferably within six
weeks from the date of production of certified
copy of this order keeping in view the statutory
period as provided under section 14 of the
SARFAESI Act.
(Rakesh Thapliyal, J.)
24.03.2026
PR
2026:UHC:2105
