2026:UHC:2105 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 686 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Ms. Menka Tripathi, learned counsel for the petitioner. 2. The petitioner in the instant writ petition is praying for the following reliefs: i. Issue a direction or order to the Ld. Chief Judicial Magistrate, Dehradun, to decide and dispose of the Securitisation application no. 342/2025 under Section 14 of the SARFAESI Act in the matter of Poonawalla Fincorp Ltd. vs. Hawk Security Service & Ors. (Annexure No. 1) within a stipulated period, preferably within one month. 3. The relief as sought appears to be innocuous. 4. Ms. Menka Tripathi, learned counsel for the petitioner, submits that the application under section 14 of the SARFAESI Act has to be decided within 60 days but in this particular application was filed in September, 2025 and almost six months have been passed but the same is still pending for consideration before the learned Chief Judicial Magistrate, Dehradun. 5. Section 14 of the Securitisation Act is read as under: “14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset. (1)Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to 2026:UHC:2105 him. (a) take possession of such asset and documents relating thereto; and (b) forward such asset and documents to the secured creditor: [Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that— (i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application; (ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period; (iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii)above; (iv) the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount; (v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non-performing asset; (vi) affirming that the period of sixty days notice as required by the provisions of sub- section (2) of section 13, demanding payment of the defaulted financial assistance has been served on the borrower; 1. Ins. by Act 1 of 2013, s. 6 (w.e.f. 15-1-2013). (vii) the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower; (viii) the borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub- section (4) of section 13 read with section 14 of the principal Act; (ix) that the provisions of this Act and the rules 2026:UHC:2105 made thereunder had been complied with (2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3)No act of the Chief Metropolitan Magistrate or the District Magistrate [any officer authorised by the Chief Metropolitan Magistrate or District Magistrate] [Inserted by Act No. 1 of 2013] done in pursuance of this section shall be called in question in any Court or before any authority.” 6. In such view of the matter, since the application under section 14 of the SARFAESI Act is pending for adjudication and the maximum time limit as provided under the Act is 60 days and the said application is already over in September, 2025, this court is of the view that pending application preferred under section 14 under the SARFAESI Act has to be expedited. 7. In such view of the matter, the writ petition is disposed of finally with the direction to the Chief Judicial Magistarte to decide the application moved under section 14 of the SARFAESI Act as expeditiously as possible preferably within six weeks from the date of production of certified copy of this order keeping in view the statutory period as provided under section 14 of the SARFAESI Act. (Rakesh Thapliyal, J.) 24.03.2026 PR 2026:UHC:2105