HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9676 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondent no.1. 2. This writ petition has been filed with the following two main prayers:- "(i). Issue a writ, order or direction in the nature of mandamus commanding Opposite Party No.2 (the learned ACJM-III, Lucknow) to forthwith decide and dispose of the pending application dated 02.08.2025 filed by the Petitioner Finance Company seeking appointment of an Advocate as Receiver; (ii). Issue a writ, order or direction in the nature of mandamus directing the Opposite Party No.2 to ensure effective execution of the assistance order already passed under Section 14 of the SARFAESI Act by delivering actual and physical possession of the secured asset to the Petitioner Finance Company within a time frame to be fixed by this Hon'ble Court:" 3. It is the case of the petitioner that the petitioner is a Housing Finance Company and when the borrower has defaulted, proceedings under SARFAESI Act was initiated. Notice was issued under Section 13 (2) and 13 (4). Thereafter, an application under Section 14 for actual physical possession Versus Counsel for Petitioner(s) : Shyam Kumar Ray, Ashita Mangal Agarwal Counsel for Respondent(s) : C.S.C. Aditya Birla Housing Finance Ltd. Gomti Nagar Lko. Thru. Regional Legal Manager .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 5 Others .....Respondent(s) of the property was moved before the Chief Judicial Magistrate, Lucknow seeking assistance for taking physical possession of the secured asset. The application was decided on 09.05.2025, directing the concerned police authorities to extend assistance to the Petitioner Finance Company. 4. However, in a matter under Article 227 No.1133 of 2025, (M/s. Durga Travels Through Proprietor Pankaj Sharma and others vs. Debts Recovery Tribunal, Lucknow and others), this Court by its order dated 12.3.2025, has held that powers under section 14 (1-A) can only be delegated to an Officer functionally subordinate to the Magistrate and not to the police authorities. Therefore, the order dated 09.05.2025 passed by the respondent no.2 has not been complied with till date. 5. The Petitioner has filed an application on 02.08.2025 before the learned Additional Chief Judicial Magistrate, III-Lucknow seeking appointment of an Advocate as Receiver to assist the Petitioner Finance Company in taking actual physical possession. The said application has been filed in compliance of judgment of this Court in the case of M/s. Durga Travels (Supra) and in accordance with the judgment rendered by the Supreme Court in NKGSB Co- operative Bank Ltd., vs. Subir Chakravarty and others (2022) 10 SCC 286, such application has remained pending, hence the present petition has been filed. 6. The writ petition is disposed of with a direction to the respondent No.2 to decide the pending application of the petitioner within a period of two months from the date of production of certified copy of this order. September 26, 2025 Pks WRIC No. 9676 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench