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2026 DAILYLAW 4669 (UTT)

INDIA SHELTER FINANCE CORPORATION LTD. v. ADDITIONAL DISTRICT MAGISTRATE

WPMS/394/2026 · 2026-02-27

Pankaj Purohit

body2026

Judgment text

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2026:UHC:1385 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 394 of 2026 27 February, 2026 India Shelter Finance Corporation Ltd. --Petitioner Versus Additional District Magistrate & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Siddharth Jain, learned counsel for the petitioner. Mr. N.S. Pundir, learned Deputy Advocate General for the State. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. Petitioner, being a secured creditor, wants to initiate proceedings against the borrower for recovery of the loan amount and the interest thereon under the provisions of the SARFAESI Act, 2002. 2. An application under Section 14 of the SARFAESI Act was allowed on 11.06.2025 by the ADM, Udham Singh Nagar, and the SSP was directed to provide police force to the secured creditor to get physical possession of the secured asset to the petitioner within one month. 3. This writ petition has been filed by the petitioner on the premise that the said period of one month had already expired on 11.07.2025, but no police protection was provided to the petitioner-Bank to comply with the order passed by the learned ADM, Udham Singh Nagar dated 11.06.2025. 2026:UHC:1385 2 4. Instructions were called for from the respondent/State vide order dated 20.02.2026, and when the instructions were not received on 25.02.2026, an order was again passed either to comply with the order or that the SSP, Udham Singh Nagar, shall remain present before this Court. 5. Today, on instructions, it is submitted by the learned Deputy Advocate General that the money towards one day’s expense of the police force was deposited by the petitioner-Bank itself only on 03.02.2026, and for that reason, police protection/assistance could not be provided to the petitioner for compliance of the order dated 11.06.2025. 6. Be that as it may, now the money has been deposited, and the SSP, Udham Singh Nagar, has already instructed the concerned Police Station to provide police force/assistance to the petitioner to get possession of the secured asset. In such view of the matter, the writ petition is finally disposed of, and it is provided that the petitioner shall approach the concerned Police Station, and the concerned Police Station shall provide the requisite police force or assistance to the petitioner to get possession of the secured asset within a period of fifteen days from today. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 27.02.2026 AK 2026:UHC:1385 3