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CWP-29414-2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 129
CWP-29414-2026 Date of decision: 10.09.2026 BANK OF BARODA ….Petitioner
Versus STATE OF PUNJAB AND OTHERS ....Respondents CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI HON’BLE MR. JUSTICE PRAVINDRA SINGH CHAUHAN Present: - Mr. C.S.Pasricha, Advocate and Mr. Saurabh Sudhir, Advocate and Ms. Kirti Kanwar, Advocate for the petitioner. Ms. Shruti, AAG, Punjab. **** JASGURPREET SINGH PURI, J. (Oral)
1. The present writ petition has been filed by the petitioner alleging non-execution of the order dated 05.08.2025 endorsed on 14.08.2025 (Annexure P-2) which has been passed by the District Magistrate, SAS Nagar under the provisions of Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act'). 2. It was submitted by learned counsel that the concerned Officers have failed to discharge their statutory duties of assisting and also handing over physical possession of the secured asset to the petitioner-financial institution. POONAM RANI 2026.09.11 17:27 I attest to the accuracy and integrity of this document
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3. Since Non-Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, effective enforcement of recovery mechanism under the provisions of SARFAESI Act is essential and thus provided under the law. 4. In view of the above, a writ in the nature of mandamus is issued to respondents No.3 and 4 to provide all necessary assistance including police help etc., and to execute the order dated 05.08.2025 endorsed on 14.08.2025 (Annexure P-2) passed under Section 14 of 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 30 days. 5. The writ petition is therefore disposed of in the terms aforesaid. The guidelines laid down by a Coordinate Bench of this Court in Bank of Maharashtra Vs. District Magistrate, Hisar and Others i.e CWP-7018- 2022 decided on 28.05.2024 must be adhered to by the concerned authorities. 6. We further direct 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. 7.
Respondent No.3 is further directed to file a compliance report before the Registry of this Court within 45 days from the date of passing of this order. The Registry shall ensure that, in case any deficiency is found in the compliance report so filed, the matter be placed before the appropriate Bench on the judicial side under IOIN category. POONAM RANI 2026.09.11 17:27 I attest to the accuracy and integrity of this document
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8. We clarify that this order shall not come in the way of any party aggrieved by any recourse/action taken under SARFAESI Act to avail appropriate remedy before DRT/DRAT/appropriate forum in accordance with law. (JASGURPREET SINGH PURI)
JUDGE
(PRAVINDRA SINGH CHAUHAN) 10.09.2026 JUDGE P. Seth i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No POONAM RANI 2026.09.11 17:27 I attest to the accuracy and integrity of this document