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2025 DAILYLAW 76691 (PNJ)

AADHAR HOUSING FINANCE LIMITED v. THE CHIEF JUDICIAL MAGISTRATE AND ORS

CWP/19494/2025 · 2025-07-15

Anupinder Singh Grewal, Deepak Manchanda

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 115 AADHAR HOUSING FINANCE LIMITED THE CHIEF JUDICIAL MAGISTRATE AND ORS CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE DEEPAK MANCHANDA Present: Mr. K.P.S. Dhillon, Advocate for the petitioner. ANUPINDER SINGH GREWAL, J. (ORAL) The petitioner is seeking a direction to respondents No. implement the order dated 2 No.1 to enable it to take physical possession of the secured assets. 2. Learned counsel for the petitioner submit under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has been passed by the Judicial Magistrate, physical possession for want of police help. 3. Issue notice to respondents No.1 to 4. At the asking of the Court, Mr. Punjab, accepts notice on behalf of respondents No.1 to 5. Heard. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19494 DATE OF DECISION: 15.07.2025 AADHAR HOUSING FINANCE LIMITED Versus F JUDICIAL MAGISTRATE AND ORS HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE DEEPAK MANCHANDA Mr. K.P.S. Dhillon, Advocate for the petitioner. ANUPINDER SINGH GREWAL, J. (ORAL) The petitioner is seeking a direction to respondents No. implement the order dated 22.11.2024 (Annexure P to enable it to take physical possession of the secured assets. Learned counsel for the petitioner submit under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has been passed by the Magistrate, Sangrur, but the petitioner has not been able to secur physical possession for want of police help. Issue notice to respondents No.1 to 3 At the asking of the Court, Mr. Aftab Singh Khara, Senior DAG, accepts notice on behalf of respondents No.1 to Heard. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 19494-2025 DATE OF DECISION: 15.07.2025 … Petitioner (s) F JUDICIAL MAGISTRATE AND ORS. ... Respondent(s) HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE DEEPAK MANCHANDA Mr. K.P.S. Dhillon, Advocate for the petitioner. The petitioner is seeking a direction to respondents No.2 & 3 to .2024 (Annexure P-3) passed by respondent to enable it to take physical possession of the secured assets. Learned counsel for the petitioner submits that although the order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has been passed by the Chief , but the petitioner has not been able to secure the 3 only at this stage. Aftab Singh Khara, Senior DAG, accepts notice on behalf of respondents No.1 to 3. ... Respondent(s) to 3) passed by respondent s that although the order under Section 14 of the Securitization and Reconstruction of Financial Assets Chief e the Aftab Singh Khara, Senior DAG, SWARNJIT SINGH 2025.07.15 16:29 I attest to the accuracy and integrity of this document CWP-19494-2025 6. In view of the limited prayer, the petition is disposed of with a direction to respondents No. (Annexure P-3) to enable the petitioner to take physical possession of the property in 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 have no bearing Court/Tribunal. 15.07.2025 SwarnjitS Whether speaking/reasoned Whether reportable 2025 In view of the limited prayer, the petition is disposed of with a direction to respondents No.2 and 3 to implement order dated 3) to enable the petitioner to take physical possession of the ccordance 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 dated 22.11.2024 3) to enable the petitioner to take physical possession of the ccordance 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 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 .2024 3) to enable the petitioner to take physical possession of the ccordance with law expeditiously, preferably, within a period of It is clarified that we are not expressing any opinion on the merits of on adjudication by the competent SWARNJIT SINGH 2025.07.15 16:29 I attest to the accuracy and integrity of this document