Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 6054 (UTT)

SMFG INDIA HOME FINANCE COMPANY LTD v. KAVITA SHAH

WPMS/1255/2025 · 2025-05-08

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3674 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. 1255 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Tribhuwan Chandra Pandey, Advocate for the petitioner. 2. 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 Chief Judicial Magistrate, Dehradun to decide the Application (Complaint No. 08 of 2025 SMFG vs Kavita Shah & 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).” 3. This Court is not inclined to grant the relief as prayed for, as Chief Judicial Magistrate is not discharging any judicial or quasi judicial function under Section 14 of the SARFAESI Act. 4. The writ petition, however, is disposed of by permitting petitioner to approach the Chief Judicial Magistrate concerned by moving appropriate application, and the application if made, shall be considered as per law. (Manoj Kumar Tiwari, J.) 08.05.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006 da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87564 3AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.05.14 10:52:38 -07'00'