CWP-2114 IN THE HIGH COURT OF PUNJAB AND HARYANA Bank of India State of Haryana CORAM: Present: SHEEL NAGU, CHIEF JUSTICE Bank aggrieved by non (Annexure P under the provisions of Section 14 Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity). 48-2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision : Bank of India Versus State of Haryana and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Varun Katyal, Advocate, Mr. Sanjiv Gupta, Advocate, and Mr. Krishnam Gupta, Advocate, for the petitioner. Mr. Deepak Balyan, Addl. A.G., Mr. Nimanyu Gautam, Advocate, for respondent Nos. 4 to **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The present writ petition has been filed by petitioner aggrieved by non-execution of the order dated (Annexure P-2) passed by the District Magistrate under the provisions of Section 14 Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity). -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21148-2023 (O&M) Date of decision : 22.09.2025 …….Petitioner ...….Respondent HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE SANJIV BERRY , Advocate, Mr. Sanjiv Gupta, Advocate, and Mr. Krishnam Gupta, Advocate, . Deepak Balyan, Addl. A.G., Haryana. Mr. Nimanyu Gautam, Advocate, for respondent Nos. 4 to 6. ( Oral ) The present writ petition has been filed by petitioner execution of the order dated 26.04.2023 passed by the District Magistrate, Fatehabad under the provisions of Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity). 1- .2025 ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE The present writ petition has been filed by petitioner- 26.04.2023 Fatehabad, Securitisation and Reconstruction of Financial Assets and Enforcement of Security AJAY PRASHER 2025.09.24 12:57 I attest to the accuracy and integrity of this document CWP-21148-2023 (O&M) -2- 2. It is rather surprising that the District Magistrate, Fatehabad or the concerned Naib Tehsildar-respondent No.3 have failed to discharge their statutory duty of assisting and handing over physical possession of the secured asset to the petitioner-Bank. 2.1 Non-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 the system. 3. In view of the above, this court by way of writ of mandamus directs respondent Nos. 2 and 3 (District Magistrate, Fatehabad and the concerned Naib Tehsildar) to execute the order dated 26.04.2023 (Annexure P-2) passed under Section 14 of SARFAESI Act by handing over physical possession of the secured asset to the petitioner Bank as expeditiously as possible, preferably, within a period of 60 days. The petitioner (Bank), thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount. 4. The petition for the time being stands disposed of in the terms aforesaid. Needless to say that the guidelines laid down by Coordinate Bench in Bank of Maharashtra Vs. District Magistrate, Hisar And Others [CWP-7018-2022 decided on 28.05.2024] be adhered to by the concerned authorities. AJAY PRASHER 2025.09.24 12:57 I attest to the accuracy and integrity of this document CWP-21148-2023 (O&M) -3- 5. 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 person, who is party to this lis. (SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) September 22, 2025 JUDGE Ajay Prasher Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY PRASHER 2025.09.24 12:57 I attest to the accuracy and integrity of this document