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High Court of Punjab and Haryana · body

2025 DAILYLAW 79718 (PNJ)

ICICI HOME FINANCE COMPANY LIMITED v. SUSHIL SARWAN AND OTHERS

COCP/3432/2025 · 2025-09-09

Sudeepti Sharma

Contempt Petitionbody2025

Judgment text

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COCP-3432-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 212 COCP-3432-2025 Date of Decision: 09.09.2025 ICICI Home Finance Company Limited ......Petitioner Vs. Sushil Sarwan and others .....Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Nitin Thatai, Advocate and Mr. Karan Sharma, Advocate for the petitioner. Mr. Ram Karan Sharma, DAG, Haryana **** SUDEEPTI SHARMA J. (Oral) 1. The present contempt petition has been filed for deliberate and intentional disobedience of order dated 28.05.2024 passed by this Court in CWP-7018-2022. 2. The relevant portion of order dated 28.05.2024 passed by this Court in CWP-7018-2022, is reproduced as under:- “11. Before parting with the order, we direct that a comprehensive status report be filed to indicate decision of pending applications under Section 14 of SARFAESI Act and implementation of orders in question in terms of the statement made before us by learned counsel for the State that necessary steps shall be taken by 30.07.2024. Status report in this regard be submitted on or before SAHIL 2025.09.11 17:50 I attest to the accuracy and integrity of this document COCP-3432-2025 -2- 21.08.2024 alongwith the status of other pending applications under Section 14 of SARFAESI Act. The matter be put up on 30.08.2024 only for this purpose” 3. Learned State counsel submits that in compliance of order dated 28.05.2024, compliance affidavit of Deputy Commissioner, Sonipat dated 06.08.2025 along with Annexure R-1, has already been filed before the registry, which was not taken on record. The same is taken on record today. 4. The relevant portion of compliance affidavit of Deputy Commissioner, Sonipat dated 06.08.2025, is reproduced as under:- “3. That deponent states that in the present case possession of the property stands delivered to the present petitioner. That it is pertinent to mention here that on 27.09.2023 respondent no. 2 in presence of the officials had handed over the possession of the land in dispute to petitioner i.e. ICICI Home Finance Company Limited. Copy of possession letter is appended here as Annexure R-1. 4. That as the possession already stands delivered to the financial institute and the same is also admitted by the petitioner in para (v) of the present contempt petition. Now new stand has been taken by the petitioner that some unknown persons possibly the borrower had broken the seal/lock put by the Duty Magistrate and taken illegal possession of the same. It is relevant to mention here that the possession was handed over to the petitioner on 27.09.2023 and now after passing for more than 1 year and 10 months, petitioner is again asking for possession from some unknown person.” SAHIL 2025.09.11 17:50 I attest to the accuracy and integrity of this document COCP-3432-2025 -3- 4. A perusal of above shows that order dated 28.05.2024 passed by this Court in CWP-7018-2022, has been complied with. This fact is not disputed by learned counsel for the petitioner. 5. In view of the above, the contempt is purged and rule is discharged. 6. Pending application(s), if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE September 09th 2025 Sahil Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No SAHIL 2025.09.11 17:50 I attest to the accuracy and integrity of this document