CWP-23101-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA Tata Capital Housing Finance Limited State of Punjab and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. Institution aggr P-3) passed by the Chief Judicial Magistrate, of Section 14 of the Securitisation and Recon Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). 2. No.2), has failed to discharge his statutory duty of assisting and handing over physical possession of the secured asset to the petitioner Institution. 2.1 exchequer, banking and financial system, and, thus, prompt enforcement of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Tata Capital Housing Finance Limited Versus State of Punjab and others HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Ms. Puja Arora, Advocate, for the petitioner. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The present petition has been filed by petitioner Institution aggrieved by non-execution of order ) passed by the Chief Judicial Magistrate, of Section 14 of the Securitisation and Recon Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). It is rather surprising that the Collector, No.2), has failed to discharge his statutory duty of assisting and handing over hysical possession of the secured asset to the petitioner Institution. Non-Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23101-2025 Date of decision : 11.08.2025 …….Petitioner ...….Respondents HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. ( Oral ) present petition has been filed by petitioner – Financial execution of order dated 13.11.2024 (Annexure ) passed by the Chief Judicial Magistrate, Jalandhar, under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). It is rather surprising that the Collector, Jalandhar (respondent No.2), has failed to discharge his statutory duty of assisting and handing over hysical possession of the secured asset to the petitioner – Financial Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of 2025 .2025 …….Petitioner ...….Respondents Financial .11.2024 (Annexure , under the provisions struction of Financial Assets and (respondent No.2), has failed to discharge his statutory duty of assisting and handing over Financial Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of NAROTAM DASS 2025.08.12 18:23 I attest to the accuracy and authenticity of this order/judgment CWP-23101-2025 recovery mechanism under the SARF the system. 3. directs respondents No.2 to 5 to execute the order dated P-3) passed by the Chief Judicial Magistrate, the SARFAESI Act, by handing over physical possession of the secured asset to the petitioner within a period of thirty days. The petitioner can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount. 4. aforesaid. 5. restraint/interim/final order which may have been passed by any judicial forum, in favour of the borrowers. August 11, 2025 narotam Whether speaking/reasoned Whether reportable 2025 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 mandamus directs respondents No.2 to 5 to execute the order dated ) passed by the Chief Judicial Magistrate, the SARFAESI Act, by handing over physical possession of the secured asset to the petitioner – Financial Institution, as expeditiously as possible, preferably within a period of thirty days. The petitioner can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount. This petition for the time being stands disposed of in the terms We hasten to add that this order shall, however, be subject to restraint/interim/final order which may have been passed by any judicial forum, in favour of the borrowers. August 11, 2025 Whether speaking/reasoned Whether reportable -2- AESI Act is paramount for liquidity in In view of the above, this Court by way of writ of mandamus directs respondents No.2 to 5 to execute the order dated 13.11.2024 (Annexure ) passed by the Chief Judicial Magistrate, Jalandhar, under Section 14 of the SARFAESI Act, by handing over physical possession of the secured asset Financial Institution, as expeditiously as possible, preferably within a period of thirty days. The petitioner – Financial Institution, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured This petition for the time being stands disposed of in the terms We hasten to add that this order shall, however, be subject to restraint/interim/final order which may have been passed by any judicial ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No AESI Act is paramount for liquidity in In view of the above, this Court by way of writ of mandamus 13.11.2024 (Annexure Section 14 of the SARFAESI Act, by handing over physical possession of the secured asset Financial Institution, as expeditiously as possible, preferably Financial Institution, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured This petition for the time being stands disposed of in the terms any restraint/interim/final order which may have been passed by any judicial NAROTAM DASS 2025.08.12 18:23 I attest to the accuracy and authenticity of this order/judgment