HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3560 of 2025 29 May, 2026 M/s ICICI Bank Ltd. --Petitioner Versus District Magistrate & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Arvind Vashisth, learned Senior Advocate assisted by Ms. Monika Pant, learned counsel for the petitioner through V.C. Mr. N.K. Papnoi, learned Standing Counsel for the State. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. Petitioner has moved this writ petition seeking for a direction in the nature of mandamus to the respondent nos.1 to 3 to take the physical possession of the petitioner’s secured assets i.e. Schedule Property i.e. (A) Flat No.B-102, Meridian Heights, Municipal No.2-C & 208/143, Kalidas Road, Dobhalwala Road Uttarakhand (B) Shop No.3 Part of property bearing Municipal No.6 Cross Road Dehradun 248001 to the petitioner Bank in respect of NPA account of respondent no.4 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short “the SARFAESI, Act, 2002) in pursuance of the order dated 28.12.2023 passed by respondent no.1 in application being Case No.136/Sec-14 of 2023 [ICICI Bank Ltd. vs. Invent Pharma Corporation and Others] under Section 14 of the SARFAESI Act, 2002 and to forward the aforesaid asset to the petitioner/secured creditor. 1 2. Brief facts of the case are that petitioner, ICICI Bank Ltd., has filed the present writ petition seeking a direction to the respondent authorities to provide necessary police and administrative assistance for taking physical possession of certain secured assets in pursuance of an order passed under Section 14 of the SARFAESI Act, 2002. It is stated that respondent no. 4, Invent Pharma Incorporation, had availed credit facilities from the petitioner-bank, which were secured by mortgage of certain immovable properties, while respondent nos. 5 to 10 stood as guarantors and/or mortgagors. According to the petitioner, upon default in repayment of the loan facilities, the account was classified as a Non-Performing Asset (NPA) on 24.05.2023. Thereafter, proceedings under the SARFAESI Act were initiated by issuance of a demand notice under Section 13(2), followed by measures under Section 13(4) of the Act. Since physical possession of the secured assets could not be obtained, the petitioner approached the District Magistrate, Dehradun under Section 14 of the Act, whereupon an order dated 28.12.2023 was passed in its favour for taking possession of the secured assets. 3. The borrowers challenged the SARFAESI proceedings before the Debts Recovery Tribunal and also instituted proceedings before this Court, which were disposed of on the basis of a settlement between the parties. The petitioner asserts that despite the order passed under Section 14 of the Act and repeated representations made to the authorities concerned, physical possession of the secured assets has not yet been delivered. Aggrieved thereby, the petitioner has preferred the present writ petition seeking appropriate 2 directions to respondent nos. 1 to 3 for execution of the order dated 28.12.2023 and for handing over physical possession of the secured assets. 4. Learned counsel for the petitioner-bank submitted that respondent no.4 availed various credit facilities from the petitioner-bank, which were secured by mortgage of the properties described in the writ petition and further backed by personal guarantees. Upon persistent default in repayment, the loan account was classified as a Non-Performing Asset (NPA), whereafter proceedings under the SARFAESI Act, 2002 were initiated by issuance of demand notice under Section 13(2), followed by measures under Section 13(4). It was contended that all statutory requirements prescribed under the Act and the Rules framed thereunder were duly complied with by the petitioner-bank. 5. It was further submitted that since the borrowers failed to hand over possession of the secured assets, the petitioner approached the District Magistrate, Dehradun under Section 14 of the SARFAESI Act. The said application was allowed vide order dated 28.12.2023 directing assistance for taking possession of the secured assets. According to the petitioner, despite the said order attaining finality and despite repeated representations made to the authorities concerned, physical possession of the secured assets has not been delivered to the petitioner-bank till date. It was argued that such inaction on the part of respondent nos. 1 to 3 defeats the very object of the SARFAESI Act, which envisages expeditious enforcement of security interests and recovery of public money. 3 6. In view of the statement made by learned counsel for the parties and considering the nature of the relief sought, the present writ petition is disposed of with a direction to respondent nos.1 and 2 to provide necessary police and administrative assistance to the petitioner-Bank for taking possession of the secured asset mortgaged by respondent no. 4, in accordance with law, within a period of thirty days from the date of production of a certified copy of this order. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 27.05.2026 R.Dang 4