CWP-28613-2019 IN THE HIGH COURT OF PUNJAB AND HARYANA Canara Bank State of Punjab CORAM: HON'BLE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. by non-execution of order dated 27 Additional District Magistrate, provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). 2. (respondent No.4 handing over physical possession of the secured asset to the petitioner 2.1 exchequer, banking and financial system, and, thus, prompt enforcement of 2019 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Canara Bank Versus State of Punjab and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Gaurav Goel, Advocate, for the petitioner – Bank. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. Mr. Aalok Jagga, Advocate, for respondent No.16. Ms. Nikita Sharma, Advocate, for Ms. Supriya Garg, Advocate, for respondent No.17. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The present petition has been filed by petitioner execution of order dated 27.06 Additional District Magistrate, Ludhiana provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI It is rather surprising that Commissioner of Police, Ludhiana (respondent No.4), has failed to discharge his statutory duty of assisting and handing over physical possession of the secured asset to the petitioner Non-Performing Assets (NPA exchequer, banking and financial system, and, thus, prompt enforcement of -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28613-2019 Date of decision : 29.08.2025 …….Petitioner ...….Respondents MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. Ms. Nikita Sharma, Advocate, for ( Oral ) The present petition has been filed by petitioner – Bank aggrieved 6.2017 (Annexure P-3) passed by Ludhiana (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, ‘SARFAESI Commissioner of Police, Ludhiana ), has failed to discharge his statutory duty of assisting and handing over physical possession of the secured asset to the petitioner – Bank Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of 2019 Date of decision : 29.08.2025 …….Petitioner ...….Respondents aggrieved 3) passed by ), under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Commissioner of Police, Ludhiana ), has failed to discharge his statutory duty of assisting and Bank. s) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of NAROTAM DASS 2025.09.03 16:48 I attest to the accuracy and authenticity of this order/judgment CWP-28613-2019 recovery mechanism under the SARFAESI Act is paramount for liquidity in the system. 3. directs respondents No. (Annexure P SARFAESI Act, by handing over physical possession of the secured asset to the petitioner of thirty days. The petitioner 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 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 to this lis. August 29, 2025 narotam Whether speaking/reasoned Whether reportable 2019 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 ma directs respondents No.3 and 4 to execute the order dated 27.06.2017 (Annexure P-3) passed by respondent No. SARFAESI Act, by handing over physical possession of the secured asset to the petitioner – Bank, as expeditiously as poss of thirty days. The petitioner – Bank, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due 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 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 , 2025 Whether speaking/reasoned Whether reportable -2- recovery mechanism under the SARFAESI Act is paramount for liquidity in In view of the above, this Court by way of writ of mandamus ecute the order dated 27.06.2017 3) passed by respondent No.2 under Section 14 of the SARFAESI Act, by handing over physical possession of the secured asset to , as expeditiously as possible, preferably within a period , thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due 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 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 /guarantor/any aggrieved party, who is party ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No recovery mechanism under the SARFAESI Act is paramount for liquidity in ndamus ecute the order dated 27.06.2017 under Section 14 of the SARFAESI Act, by handing over physical possession of the secured asset to ible, preferably within a period , thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due This petition for the time being stands disposed of in the terms aforesaid. Needless to say that the guidelines laid down by Coordinate Bench (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 party NAROTAM DASS 2025.09.03 16:48 I attest to the accuracy and authenticity of this order/judgment