AU SMALL FINANCE BANK LTD v. THE STATE OF HP AND OTHERS
CWP/6237/2025 · 2025-08-14
Gurmeet Singh Sandhawalia, Ranjan Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11537 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11537 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:27864
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.6237 of 2025
Decided on: 14.08.2025 __________________________________________________________
AU Small Finance Bank Ltd.
...Petitioner
Versus
State of H.P. & Ors.
...Respondents
Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice
Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?.
For the petitioner:
Mr. Sanjay Kumar Sharma,
Advocate.
For the respondents: Mr. Pranay Pratap Singh,
Additional Advocate General, for
respondents No.1 & 2-State.
Respondents No.3 to 5 ex parte,
vide order dated 16.06.2025.
G.S. Sandhawalia, Chief Justice [Oral]
The sole issue in the present matter is regarding the inaction of respondent No.2 on the application filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest [SARFAESI] Act, 2002. The grouse, as such, of the petitioner is that, despite filing an application on 26.07.2024, no action has been taken by the official respondent.
2.
The stand of the State, based on the
1 Whether reporters of Local Papers may be allowed to see the judgment?
2025:HHC:27864
- 2 - communication received from the Deputy Magistrate, Kangra at Dharamshala, is that no such petition was received in the said office.
3.
Keeping in view the fact that there is always an exigency, as such, in deciding the applications under Section 14 of the SARFAESI Act, at the earliest, without getting into the merits of the issue whether the application was filed earlier as it would further prejudice the interest’s of the bank, we are of the considered opinion that, if a fresh application is filed within two weeks from today, respondent No.2 shall take proactive steps on the same.
4.
Accordingly, the petitioner is directed to file the necessary application within a period of two weeks, whereupon the respondent No.2 shall decide the same in accordance with law under Section 14 of the SARFAESI Act.
5.
In view of the above, the present petition, along with pending miscellaneous application(s), if any, stands disposed of.
(G.S. Sandhawalia)
Chief Justice
(Ranjan Sharma)
Judge August 14, 2025
[Shivender]