SMFG INDIA HOME FINANCE COMPANY LTD. v. DISTRICT MAGISTRATE DEHRADUN
WPMS/1250/2025 · 2025-05-08
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5946 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5946 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3671 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No. 1250 of 2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Tribhuwan Chandra Pandey, Advocate for the petitioner.
2. Mr. S.K. Nailwal, Standing Counsel for the State of Uttarakhand.
3. Petitioner is a private Home Finance Company. By means of this writ petition, petitioner has sought the following relief:-
“I. issue a writ, order or direction in the nature of mandamus commanding the learned District Magistrate, Dehradun to decide the Case No. 89 of 2024 SMFG vs Pyare Lal & another filed under section 14 of the SARFAESI Act, 2002 (Annexure No. 3 & 4) within a period of the 30 days as mandate under section 14 (1) (b) proviso (ii & iii) of SARFAESI Act, 2002 (as amended).”
4. This Court is not inclined to grant the relief as prayed for, as District Magistrate is not discharging any judicial or quasi judicial function under Section 14 of the SARFAESI Act.
5. The writ petition, however, is
disposed of by permitting petitioner to approach the District Magistrate by moving appropriate application, and the application if made, shall be considered as per law.
(Manoj Kumar Tiwari, J.)
08.05.2025 Navin