JANA SMALL FINANCE BANK LTD v. STATE OF PUNJAB AND OTHERS
CWP/13621/2026 · 2026-05-12
Suvir Sehgal, Vikas Suri
body2002
DailyLaw.ai
[ 2002 DAILYLAW 1572 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2002 DAILYLAW 1572 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1. This writ petition has been filed inter alia for issuance of a writ in the nature of mandamus directing Chief Judicial Magistrate, SBS Nagar to decide the application, Annexure P-3, 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’).
2. Counsel for the petitioner submits that respondents No.3 to 5 had availed a loan facility from the petitioner-bank and had mortgaged immovable property. Counsel asserts that due to continuous default in repayment, loan account was classified as NPA on 01.11.2025. A notice under Section 13(2) of SARFAESI Act was issued on 11.11.2025 (Annexure P-1), followed by a notice under Section 13(4) of SARFAESI Act dated 20.01.2026 (Annexure P-2), whereafter symbolic possession of the secured asset was taken. Counsel states that petitioner moved an BRIJ MOHAN BHALLA 2026.05.14 18:00 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.
application, Annexure P-3, under Section 14 of SARFAESI Act in February, 2026 before the Chief Judicial Magistrate, SBS Nagar, 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.
4. In view of the observations 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, writ petition is disposed of with a direction to Chief Judicial Magistrate, SBS Nagar to decide the application, Annexure P-3 as expeditiously as possible, preferably within a period of 60 days from the date of communication of copy of this order, unless there is any legal impediment in doing so.
BRIJ MOHAN BHALLA 2026.05.14 18:00 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.