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2025 DAILYLAW 98633 (PNJ)

AADHAR HOUSING FINANCE LTD. v. STATE OF HARYANA AND OTHERS

CWP/25275/2023 · 2025-08-26

Sanjiv Berry

body2025

Judgment text

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CWP-25275 IN THE HIGH COURT OF PUNJAB AND HARYANA Aadhar Housing Finance Limited State of Haryana and others CORAM: Present: SHEEL NAGU, CHIEF JUSTICE 1. Institution aggrieved by non P-3) passed by the of the Securitisation a of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). 2. discharge possession of the secured asset to the petitioner 2.1 exchequer, banking and financial system, and, thus, prompt enforcement of 25275-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Aadhar Housing Finance Limited Versus State of Haryana and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Anil Kumar Bhardwaj, Advocate, and Mr. Kuldeep Sharma, Advocate, for the petitioner. Mr. Deepak Balyan, Addl. A.G., Haryana. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The present petition has been filed by petitioner Institution aggrieved by non-execution of order dated ) passed by the District Magistrate, Jind of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). It is rather surprising that respondent Nos. 2 to 5 have failed to discharge their statutory duty of assisting and handing over physical ssession of the secured asset to the petitioner 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-25275-2023 Date of decision : 26.08.2025 …….Petitioner ...….Respondents MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY , Advocate, and Mr. Kuldeep Sharma, Advocate, Mr. Deepak Balyan, Addl. A.G., Haryana. ( Oral ) The present petition has been filed by petitioner – Financial execution of order dated 19.06.2023 (Annexure District Magistrate, Jind, under the provisions of Section 14 nd Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). It is rather surprising that respondent Nos. 2 to 5 have failed to statutory duty of assisting and handing over physical ssession of the secured asset to the petitioner – Financial Institution. Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of 2023 Date of decision : 26.08.2025 …….Petitioner ...….Respondents MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE Financial (Annexure , under the provisions of Section 14 nd Reconstruction of Financial Assets and Enforcement It is rather surprising that respondent Nos. 2 to 5 have failed to statutory duty of assisting and handing over physical Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of AJAY PRASHER 2025.09.03 17:15 I attest to the accuracy and integrity of this document CWP-25275-2023 -2- 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 respondents No.2 to 5 to execute the order dated 19.06.2023 (Annexure P-3) passed by the District Magistrate, Jind, under Section 14 of 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 – Financial Institution, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount. 4. This 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. 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 ) August 26, 2025 JUDGE Ajay Prasher Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY PRASHER 2025.09.03 17:15 I attest to the accuracy and integrity of this document