Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4346 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528/1158/2026
Hon’ble Alok Mahra, J.
Mr. Siddhartha Tomar, learned counsel for the applicant through Video Conferencing.
2. Mr. V.S. Pal, learned A.G.A. along with Mr. Nikhil Bisht, learned Brief Holder for the State.
3. Present C-528 application has been filed to direct the 3rd Addl. Chief Judicial Magistrate, Dehradun to decide the Complaint Case No.246/2025 within the stipulated time fixed by the Hon’ble Court.
4.
Learned counsel for the applicant would submit that the applicant is a Non-Banking Financial Company (NBFC) duly engaged in the business of providing financial assistance and credit facilities to eligible borrowers. It is submitted that respondent nos. 2 and 3 had availed loan facilities amounting to ₹24,13,517/- from the applicant on different dates by creating security interest over their immovable property through mortgage. However, on account of persistent default in repayment of the equated monthly installments (EMIs), the loan account of respondent nos. 2 and 3 was classified as a Non-Performing Asset (NPA) on
2026:UHC:4346
05.08.2024. Consequently, the applicant initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and issued a demand notice under Section 13(2) of the Act read with the relevant provisions of the Security Interest (Enforcement) Rules. Despite service of the said notice, respondent nos. 2 and 3 neither submitted any objection/representation nor liquidated the outstanding dues.
5.
Learned counsel further submits that, in continuation of the recovery proceedings, the applicant instituted Complaint Case No. 246 of 2025 under Section 14 of the SARFAESI Act before the Court of the learned Chief Judicial Magistrate, Dehradun, seeking assistance for taking physical possession of the secured asset mortgaged by respondent nos. 2 and 3; that, notices were issued and the matter has been heard by the court concerned on several dates. However, despite conclusion of arguments, no final order has yet been passed and the proceedings have remained pending since the year 2025. Learned counsel, therefore, prays that an appropriate direction be issued to the court concerned for expeditious disposal of the aforesaid complaint case within a
2026:UHC:4346 time-bound period.
6. Heard learned counsel for the parties and perused the material available on record.
7. Considering the
facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Court is of the view that the ends of justice would be served by directing the court concerned to decide the pending proceedings expeditiously in accordance with law.
8. Accordingly, the present C-528 application stands disposed of with a direction to the learned 3rd Additional Chief Judicial Magistrate, Dehradun, to make all endeavours to decide Complaint Case No. 246 of 2025, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date a certified copy of this order is produced before the said court.
9. Pending applications, if any, also stand disposed of.
(Alok Mahra, J.)
01.06.2026 Mamta
2026:UHC:4346