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High Court of Punjab and Haryana · body

2002 DAILYLAW 1571 (PNJ)

SMFG INDIA CREDIT CO LTD v. CHIEF JUDICIAL MAGISTRATE LUDHIANA AND OTHERS

CWP/14526/2026 · 2026-05-11

Suvir Sehgal, Vikas Suri

body2002

Judgment text

Extracted from the PDF above. The PDF is authoritative.

   1-                    !" # $%&%!'( ) )  *+ '#% , #% !-. '/ 0#) )))  %%!' , 1 ,&2& 3% " 2#%$%4 +5%&, 6 02#3%' '# ! 3 ,& )))  &.!'# '& +(  70 +) *  *1  *0  80 +) *  1 9* *           :::: *1  *06 )   This writ petition has been filed, inter alia, for issuance of a writ in the nature of mandamus directing Chief Judicial Magistrate, Ludhiana to decide the application, Annexure P-4, filed by petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’).  Counsel for the petitioner submits that respondents No.2 and 3 had availed a loan facility from the petitioner-financial institution and had mortgaged immovable property. Counsel asserts that due to continuous default in repayment, loan account was classified as NPA on 02.11.2025. A demand notice under Section 13(2) of SARFAESI Act was issued on 20.11.2025 (Annexure P-3), followed by a notice under Section 13(4) of SARFAESI Act, whereafter symbolic possession of the secured asset was taken. Counsel states KAMAL SHARMA 2026.05.15 10:35 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.    2- that petitioner moved an application, Annexure P-4 under Section 14 of SARFAESI Act in February, 2026 before the Chief Judicial Magistrate, Ludhiana, which is still pending. Counsel has made a reference to the statutory provisions and has urged that the application has to be decided within the time frame provided in the statute. 3. Heard counsel for the petitioner.         !               ! "  ""   ##$  % $ %  & '   6 ( $   # )*+,!          #! " $  %!      "  &!   &!"'  "  "'    ()  '      !   '    !"   ' "$ "   $  *1  *0  1 9* *   )* )(  + , -$./  0.1 + / " 0.1 KAMAL SHARMA 2026.05.15 10:35 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.