2025:UHC:392 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 0 9 t h JANUARY, 2 0 2 5 W RI T PETI TI ON ( M/ S) NO.3 7 1 0 of 2 0 2 4 M/ S CSL Finance Limited ..…Petitioner Versus The District Magistrate, Haridwar and Others ..…Respondents Counsel for the Petitioner : Ms. Tanya Kapoor, Advocate. Counsel for the : Mr. Suyash Pant, Respondent Nos.1 to3 Standing Counsel. Hon ’ble Alok Ku m ar Ver m a,J. Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers: - “(i) Issue an appropriate writ in the nature of Mandamus directing the Respondent no. 2 and 3 and concerned government authorities to assist the Petitioner in securing and taking physical possession of the mortgaged property in time bound manner as admittedly the Ld. District Magistrate, Jhajjar i.e., Respondent no. 1 has allowed the application of the Petitioner vide order dated 11.03.2024 (Annexure P-4) but till today the Respondent no. 2 and 3 have failed to provide assistance to the Petitioner in taking over the physical possession of the mortgaged property despite of several requests. 1 2025:UHC:392 ii. Issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the instant case.” 2 . Heard Ms. Tanya Kapoor, learned counsel for petitioner and Mr. Suyash Pant, learned Standing Counsel for respondent nos.1 to 3. 3 . Ms. Tanya Kapoor, Advocate, has contended that the petitioner is a Public Limited Company incorporated under the provisions of the Companies Act, 1956 and also registered with the Reserve Bank of India as a Non Banking Financial Company. The petitioner had given a loan of Rs.8,45,303/ -(Rupees Eight Lakh Forty Five Thousand Three Hundred Three) to the respondent no.4. The respondent no.4 did not repay the loan amount. The loan account was classified as Non-Performing Assets on 31.03.2021. The petitioner issued a demand notice dated 16.11.2023 under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short,” Act, 2002”) read with Rule 3 and 4 of the Security Interest (Enforcement) Rules to the respondent no.4. The respondent no.4 failed to pay the outstanding amount, therefore, the 2 2025:UHC:392 petitioner moved an application under Section 14 of the Act, 2002. The District Magistrate, the respondent no.1 allowed the said application stating that the authorized representative of the petitioner is authorized and empowered to take possession of the subject property. Further, it was directed that the respondent no.2 with the help of respondent no.3 shall provide assistance to the petitioner. The petitioner made a payment of Police Protection Fee to the tune of Rs.19,074/ - on 07.05.2024. The respondent no.3 vide letter dated 07.05.2024 directed the Circle Officer, Manglore, District Haridwar to provide adequate police force. The respondent no.4 approached the Debt Recovery Tribunal, Dehradun, Uttarakhand vide SA No.175 of 2024. The respondent no.4 filed a Writ Petition Miscellaneous Single No.3256 of 2024 before this Court. The said writ petition was dismissed on 05.12.2024. The SA No.175 of 2024 was also dismissed on 08.10.2024. 4 . With the consent of learned counsel for the parties, the present Writ Petition (No.3710 of 2024) is disposed of by directing the respondent no.3, the Senior Superintendent of Police, Haridwar and the respondent no.2, the Tehsildar, Roorkee to ensure the 3 2025:UHC:392 compliance with the order dated 11.03.2024, passed by the District Magistrate, Haridwar in Case No.63 of 2024, as per law. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ALOK KUMAR VERMA, J. Dt: 09.01.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f00 8e9a4a8038ee7326b08b2d0e0 18b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB 9677068452F32DE6BA960BFE6 4D819EE44CA9CCE487B2FE0F9 2, cn=NEHA BISHT Date: 2025.01.09 19:42:55 +05'30'