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2025 DAILYLAW 56115 (PNJ)

STATE BANK OF INDIA v. STATE OF PUNJAB AND OTHERS

CWP/13388/2025 · 2025-05-12

Anupinder Singh Grewal, Deepak Manchanda

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 119 STATE BANK OF INDIA STATE OF PUNJAB AND OTHERS CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH HON’BLE MR. JUSTICE Present: Mr. Mr. Aftab Singh Khara, Senior DAG, Punjab. ANUPINDER SINGH GREWAL, J. (ORAL) The petitioner is seeking a direction to respondent the order passed by the District Magistrate under Section 14 and Enforcement of Security Interest Act, 2002 ( ‘SARFAESI Act possession of the secured asset. 2. Learned counsel f under Section 14 of the Magistrate but the petitio for want of police help. 3. Issue notice to respondents No.1 to 4. At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy Advocate General, Punjab, accepts notice on IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13388-2025 DATE OF DECISION: STATE BANK OF INDIA Versus STATE OF PUNJAB AND OTHERS HON’BLE MR. JUSTICE ANUPINDER SINGH HON’BLE MR. JUSTICE DEEPAK MANCHANDA Mr. Chandeep Singh, Advocate for the petitioner. Mr. Aftab Singh Khara, Senior DAG, Punjab. ANUPINDER SINGH GREWAL, J. (ORAL) The petitioner is seeking a direction to respondent the order passed by the District Magistrate on 08.01.2025 (Annexure P under Section 14 of the Securitisation and Reconstruction of Financial Assets nforcement of Security Interest Act, 2002 ( SARFAESI Act’) and provide adequate police assistance to deliver physical possession of the secured asset. Learned counsel for the petitioner submits that although the order under Section 14 of the SARFAESI Act had but the petitioner has not been able to secure the physical possession for want of police help. Issue notice to respondents No.1 to 5 At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy Advocate General, Punjab, accepts notice on behalf of respondents No.1 to IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2025 DATE OF DECISION: 12.05.2025 … Petitioner (s) ... Respondent(s) HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL DEEPAK MANCHANDA , Advocate for the petitioner. Mr. Aftab Singh Khara, Senior DAG, Punjab. The petitioner is seeking a direction to respondents to comply with on 08.01.2025 (Annexure P-9/T) Securitisation and Reconstruction of Financial Assets nforcement of Security Interest Act, 2002 (hereinafter referred to as the and provide adequate police assistance to deliver physical or the petitioner submits that although the order d been passed by the District ner has not been able to secure the physical possession 5 only at this stage. At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy behalf of respondents No.1 to 5. ... Respondent(s) s to comply with 9/T) Securitisation and Reconstruction of Financial Assets to as the and provide adequate police assistance to deliver physical or the petitioner submits that although the order District ner has not been able to secure the physical possession At the asking of the Court, Mr. Aftab Singh Khara, Senior Deputy SWARNJIT SINGH 2025.05.12 16:31 I attest to the accuracy and integrity of this document CWP-13388-2025 5. Heard. 6. In view of the limited prayer, the petition is disposed of with a direction to respondents No. P-9/T) to enable the petitioner to take physical possession of accordance with law expeditiously preferably within a period of two months from the date of receipt of certified copy of this order. 7. It is clarified that we are not expressing any opinion on the merits of the matter. This order shall h Court/Tribunal. 12.05.2025 SwarnjitS Whether speaking/reasoned Whether reportable 2025 Heard. In view of the limited prayer, the petition is disposed of with a direction to respondents No.3 and 5 to implement order to enable the petitioner to take physical possession of accordance with law expeditiously preferably within a period of two months from the date of receipt of certified copy of this order. It is clarified that we are not expressing any opinion on the merits of the matter. This order shall have no bearing on adjudication by the competent (ANUPINDER SINGH GREWAL) (DEEPAK MANCHANDA Whether speaking/reasoned : Yes / No Whether reportable : Yes / No -2- In view of the limited prayer, the petition is disposed of with a to implement order 08.01.2025 (Annexure to enable the petitioner to take physical possession of the secured asset in accordance with law expeditiously preferably within a period of two months from the date of receipt of certified copy of this order. It is clarified that we are not expressing any opinion on the merits of ave no bearing on adjudication by the competent (ANUPINDER SINGH GREWAL) JUDGE DEEPAK MANCHANDA) JUDGE Yes / No Yes / No In view of the limited prayer, the petition is disposed of with a 08.01.2025 (Annexure in accordance with law expeditiously preferably within a period of two months It is clarified that we are not expressing any opinion on the merits of ave no bearing on adjudication by the competent SWARNJIT SINGH 2025.05.12 16:31 I attest to the accuracy and integrity of this document