ICICI HOME FINANCE COMPANY LTD v. CHIEF JUDICIAL MAGISTRATE DEHRADUN
WPMS/1409/2026 · 2026-05-19
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5735 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5735 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3876 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
W PMS/ 1 4 0 7 , 1 4 0 8 , 1 4 0 9 & 1 4 1 0 all of t h e y ear 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Gaurav Chandra, learned counsel holding brief of Mr. Siddharth Jain, learned counsel for the petitioner.
2. Since all these writ petitions involve common facts and questions of law, they are being decided by this common
judgment and
order. For the sake of convenience, facts of WPMS No.1407/ 2026 are alone being considered.
3. Petitioner has moved an application under Section 14 of the SARFAESI Act, 2002 before Chief Judicial Magistrate, Dehradun. Since that application has not been decided so far, petitioner has approached this Court. Reliance is placed upon second proviso to Section 14 of the SARFAESI Act, 2002, which reads as under: -
“Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets [ within a period of thirty days from the date of application] .”
4. Having regard to the statutory scheme regarding the period within which the application under Section 14 of the SARFAESI Act has to be decided, writ petitions are
disposed of with a direction to the Magistrate concerned to take a decision on the pending application(s) as early as possible.
( Manoj Kum ar Tiw ar i, J.)
19.05.2026 AK
2026:UHC:3876