CMs-9916-CWP IN THE HIGH COURT OF PUNJAB AND HARYANA CMs-9916 Punjab National 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 CM-9916-CWP affidavit, applicant Arjun CM-12426 affidavit, applicant Kamaljit Singh is ordered to be impleaded as respondent No.18. CWP-2023 & 12426-CWP-2023 in/and CWP IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 9916-CWP-2023 & 12426-CWP-2023 in/and C Punjab National Bank Versus State of Punjab and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. R.S. Bhatia, Advocate, for the petitioner – Bank. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. Mr. Aalok Jagga, Advocate, for respondent No.12. Mr. Vipin Mahajan, Advocate, for respondent No.17. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) CWP-2023 For reasons stated in the application, duly supported by an affidavit, applicant Arjun Dev is ordered to be impleaded as respondent No.17. Accordingly, CM-9916-2023 12426-CWP-2023 For reasons stated in the application, duly supported by an affidavit, applicant Kamaljit Singh is ordered to be impleaded as respondent Accordingly, CM-12426-2023 2023 in/and CWP-21672-2022 ( O&M ) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2023 in/and CWP-21672-2022 (O&M Date of decision : 29.08.2025 …….Petitioner ...….Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. , Advocate, ( Oral ) For reasons stated in the application, duly supported by an Dev is ordered to be impleaded as respondent No.17. is allowed. For reasons stated in the application, duly supported by an affidavit, applicant Kamaljit Singh is ordered to be impleaded as respondent 2023 is allowed. O&M) Date of decision : 29.08.2025 …….Petitioner ...….Respondents For reasons stated in the application, duly supported by an Dev is ordered to be impleaded as respondent No.17. For reasons stated in the application, duly supported by an affidavit, applicant Kamaljit Singh is ordered to be impleaded as respondent NAROTAM DASS 2025.09.04 10:23 I attest to the accuracy and authenticity of this order/judgment CMs-9916-CWP CWP-21672 1. by non-execution of order (Annexure P under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). 2. his statutory duty of assisting and handing over physical possession of the secured asset to the petitioner 2.1 exchequer, banking and financial system, and, thus, prompt recovery mechanism under the SARFAESI Act is paramount for liquidity in the system. 3. directs respondents No. (Annexure P under Section 14 of the SARFAESI Act, by handing over physical possession of the secured asset to the petitioner preferably within a period of thirty days. The petitione proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount. 4. aforesaid. Needless to say that the guidelines laid down by Coordinate Bench CWP-2023 & 12426-CWP-2023 in/and CWP 21672-2023 ( O&M ) The present petition has been filed by petitioner execution of orders dated 02.05.201 (Annexure P-8) passed by District Magistrate, under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). It is rather surprising that respondent No. his statutory duty of assisting and handing over physical possession of the secured asset to the petitioner – Bank. Non-Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt recovery mechanism under the SARFAESI Act is paramount for liquidity in the system. In view of the above, this Court by way of writ of mandamus directs respondents No.1 and 3 to execute the order (Annexure P-6) and 21.06.2019 (Annexure P under Section 14 of the SARFAESI Act, by handing over physical possession of the secured asset to the petitioner – Bank, as expeditiously as possible, preferably within a period of thirty days. The petitione proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount. This petition for the time being stands disposed of in the terms aforesaid. Needless to say that the guidelines laid down by Coordinate Bench 2023 in/and CWP-21672-2022 ( O&M ) -2- The present petition has been filed by petitioner – Bank aggrieved .2019 (Annexure P-6) and 21.06.2019 passed by District Magistrate, Gurdaspur (respondent No.2), under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, It is rather surprising that respondent No.3 has failed to discharge his statutory duty of assisting and handing over physical possession of the Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of recovery mechanism under the SARFAESI Act is paramount for liquidity in In view of the above, this Court by way of writ of mandamus to execute the orders dated 02.05.2019 06.2019 (Annexure P-8) passed by respondent No.2 under Section 14 of the SARFAESI Act, by handing over physical possession Bank, as expeditiously as possible, preferably within a period of thirty days. The petitioner – Bank, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to This petition for the time being stands disposed of in the terms aforesaid. Needless to say that the guidelines laid down by Coordinate Bench Bank aggrieved and 21.06.2019 (respondent No.2), under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ed to discharge his statutory duty of assisting and handing over physical possession of the Performing Assets (NPAs) are a huge burden on the public enforcement of recovery mechanism under the SARFAESI Act is paramount for liquidity in In view of the above, this Court by way of writ of mandamus dated 02.05.2019 8) passed by respondent No.2 under Section 14 of the SARFAESI Act, by handing over physical possession Bank, as expeditiously as possible, Bank, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to This petition for the time being stands disposed of in the terms aforesaid. Needless to say that the guidelines laid down by Coordinate Bench NAROTAM DASS 2025.09.04 10:23 I attest to the accuracy and authenticity of this order/judgment CMs-9916-CWP in Bank of Maharashtra Vs. District Magistrate, Hisar and others 7018-2022 decided on 28.05.2024) be adhered 5. restraint/interim/final order which may have been passed by any judicial forum, in favour of the borrowers/guarantor/any aggrieved party, who is party to this lis. 6. August 21, 2025 narotam Whether speaking/reasoned Whether reportable CWP-2023 & 12426-CWP-2023 in/and CWP Bank of Maharashtra Vs. District Magistrate, Hisar and others 2022 decided on 28.05.2024) be adhered We hasten to add that this order shall, however, be subject to any restraint/interim/final order which may have been passed by any judicial forum, in favour of the borrowers/guarantor/any aggrieved party, who is party Pending application(s), if any, also stand disposed of. August 21, 2025 Whether speaking/reasoned Whether reportable 2023 in/and CWP-21672-2022 ( O&M ) -3- Bank of Maharashtra Vs. District Magistrate, Hisar and others (CWP 2022 decided on 28.05.2024) be adhered to by the concerned authorities. We hasten to add that this order shall, however, be subject to any restraint/interim/final order which may have been passed by any judicial forum, in favour of the borrowers/guarantor/any aggrieved party, who is party Pending application(s), if any, also stand disposed of. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No (CWP- to by the concerned authorities. We hasten to add that this order shall, however, be subject to any restraint/interim/final order which may have been passed by any judicial forum, in favour of the borrowers/guarantor/any aggrieved party, who is party NAROTAM DASS 2025.09.04 10:23 I attest to the accuracy and authenticity of this order/judgment