CWP-5657-2023 ( O&M ) IN THE HIGH COURT OF PUNJAB AND HARYANA Punjab & Sind Bank State of Punjab and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. pre-poned and taken up today itself for arguments. 2. aggrieved by non passed by Additional District Magistrate, Ludhiana. 3. raised various contentions, which and the same cannot be gone into by this Court, especially when the guarantor has already approached the Debts Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and E 2023 ( O&M ) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-10070-CWP-2025 in/and C Punjab & Sind Bank Versus State of Punjab and others HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Anant Bir S. Sidhu, Advocate (through video conferencing), for the petitioner. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. Mr. Aditya Dassaur, Advocate, for respondents No.8 and 9. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) With the consent of learned counsel for the parties, the matter is poned and taken up today itself for arguments. The present petition has been aggrieved by non-execution of the order dated 08.02.2018 (Annexure P passed by Additional District Magistrate, Ludhiana. Learned counsel for respondents No.8 and 9 aised various contentions, which fall in the realm of disputed questions of fact and the same cannot be gone into by this Court, especially when the guarantor has already approached the Debts Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and E -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2025 in/and CWP-5657-2023 ( O&M ) Date of decision : 23.07.2025 …….Petitioner ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Anant Bir S. Sidhu, Advocate (through video conferencing), Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. Dassaur, Advocate, ( Oral ) With the consent of learned counsel for the parties, the matter is poned and taken up today itself for arguments. present petition has been filed by the petitioner Bank, execution of the order dated 08.02.2018 (Annexure P passed by Additional District Magistrate, Ludhiana. Learned counsel for respondents No.8 and 9 (guarantors) in the realm of disputed questions of fact and the same cannot be gone into by this Court, especially when the guarantor has already approached the Debts Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of 2023 ( O&M ) .2025 …….Petitioner ...….Respondents Anant Bir S. Sidhu, Advocate (through video conferencing), With the consent of learned counsel for the parties, the matter is filed by the petitioner Bank, execution of the order dated 08.02.2018 (Annexure P-6) (guarantors) has in the realm of disputed questions of fact and the same cannot be gone into by this Court, especially when the guarantor has already approached the Debts Recovery Tribunal under Section 17 of the nforcement of NAROTAM DASS 2025.07.25 10:41 I attest to the accuracy and authenticity of this order/judgment CWP-5657-2023 ( O&M ) Security Interest Act, 2002 (SARFAESI Act), where no interim order has been passed in favour of the guarantor respondents No.8 and 9. 4. Tehsildar, Ludhiana, have failed to comply with their statutory duty of handing over physical possession of the secured asset to the petitioner Bank. 4.1 public exchequer, which are required to be earliest. 5. of mandamus to District Magistrate, Mohali, to execute the order dated 08.02.2018 (Annexure P Ludhiana, within a period of thirty days. 6. Registry of this Court, latest by 15.09.2025, failing which the matter be put up for appropriate directions. 7. July 23, 2025 narotam Whether speaking/reasoned Whether reportable 2023 ( O&M ) Security Interest Act, 2002 (SARFAESI Act), where no interim order has been passed in favour of the guarantor, as informed by learned counsel for respondents No.8 and 9. It is surprising to note that the District Magistrate, Ludhiana, and Tehsildar, Ludhiana, have failed to comply with their statutory duty of handing over physical possession of the secured asset to the petitioner Bank. The Non Performing Assets (NPA) are a huge burden on the public exchequer, which are required to be In view of the above, this petition is disposed of of mandamus to District Magistrate, Mohali, to execute the order dated 08.02.2018 (Annexure P-6) passed by Additional District Magistrate, dhiana, within a period of thirty days. Compliance report by District Magistrate, Mohali, be filed in Registry of this Court, latest by 15.09.2025, failing which the matter be put up for appropriate directions. For the time being, this CWP stands d , 2025 Whether speaking/reasoned Whether reportable -2- Security Interest Act, 2002 (SARFAESI Act), where no interim order has been , as informed by learned counsel for It is surprising to note that the District Magistrate, Ludhiana, and Tehsildar, Ludhiana, have failed to comply with their statutory duty of handing over physical possession of the secured asset to the petitioner Bank. The Non Performing Assets (NPA) are a huge burden on the public exchequer, which are required to be liquidated and recovered at the In view of the above, this petition is disposed of by issuing a writ of mandamus to District Magistrate, Mohali, to execute the order dated 6) passed by Additional District Magistrate, Compliance report by District Magistrate, Mohali, be filed in Registry of this Court, latest by 15.09.2025, failing which the matter be put up For the time being, this CWP stands disposed of. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No Security Interest Act, 2002 (SARFAESI Act), where no interim order has been , as informed by learned counsel for It is surprising to note that the District Magistrate, Ludhiana, and Tehsildar, Ludhiana, have failed to comply with their statutory duty of handing over physical possession of the secured asset to the petitioner Bank. The Non Performing Assets (NPA) are a huge burden on the liquidated and recovered at the by issuing a writ of mandamus to District Magistrate, Mohali, to execute the order dated 6) passed by Additional District Magistrate, Compliance report by District Magistrate, Mohali, be filed in Registry of this Court, latest by 15.09.2025, failing which the matter be put up NAROTAM DASS 2025.07.25 10:41 I attest to the accuracy and authenticity of this order/judgment