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2025 DAILYLAW 8670 (ALL)

EDELWEISS ASSETS RECONSTRUCTION COMPANY v. STATE OF U.P. AND 5 OTHERS

WRIC/1527/2025 · 2025-04-23

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62828-DB Court No. - 40 Case :- WRIT - C No. - 1527 of 2025 Petitioner :- Edelweiss Assets Reconstruction Company Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arpita Tarmali,Sanjay Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has primarily prayed for the following relief:- "(i) Issue writ, order or direction in the nature of Mandamus commanding to respondent no. 4 (Additional City Magistrate-1 District - Ghaziabad) to take physical possession of the property in question i.e. All Piece and Parcel of residential Flat No. HS-09 (Front Side RHS), 2nd Floor, HIG Ved House Apartment, Plot No. 5/80, Sector-5 Rajendra Nagar, Sahibabad, Ghaziabad- 201005 having Area 95 Squire Meter respondent no. 5 & 6 in pursuance to order dated 01.04.2021 passed by respondent no. 3 as subordinate of respondent no. 2 under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) and forwarded to petitioner Financial Instruction." 3. Upon hearing counsel appearing on behalf of the parties and perusing the material available on record, it is clear that the order under Section 14 of the SARFAESI Act was passed on 01.04.2021. However, the respondent authorities have still not given possession to the petitioner. 4. The delay of four years in giving possession in spite of the order having been passed under Section 14 of the SARFAESI Act cannot be countenanced by this Court. 5. Accordingly, the authority concerned is directed to take all steps including police assistance to ensure that the possession is provided to the petitioner within a period of one month from date. 6. With the above direction, the writ petition is disposed of. Order Date :- 24.4.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad