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2026 DAILYLAW 7272 (UTT)

ANJUM MALIK v. DISTRICT MAGISTRATE HARIDWAR

SPA/267/2026 · 2026-06-18

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010104702026 2026:UHC:5030-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Special Appeal No.267 of 2026 18th June, 2026 Anjum Malik -----Appellant Versus District Magistrate Haridwar and Others ----Respondents ----------------------------------------------------------------- Presence:- Ms. Amreen Bano, learned counsel for the appellant. Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand/ respondent no.1 and 2. Mr. Siddharth Jain, learned counsel for respondent no.3. ----------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. Application for leave to appeal is allowed. 2. The present appeal is directed against the order of learned Single Judge dated 07.05.2026 by which the writ petition (WPMS No.1550 of 2026) filed by the non- appellant no.3 (ICICI Home Finance Company Limited), a secured creditor, seeking direction to the police authorities to provide adequate police force to it to enable it to take possession of the secured assets in pursuance of order passed in its favour under Section 14 of the Securitisation and Construction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) has been allowed and a direction has been issued as prayed for. 1 UKHC010104702026 2026:UHC:5030-DB 3. Learned counsel for the appellant, at the outset, states that the appellant is ready to deposit the entire outstanding dues along with interest in easy installments. 4. Learned counsel for the secured creditor (ICICI Home Finance Company Limited) states that as on date ₹36 lakh is due against the petitioner by way of balance of the principal amount and interest. 5. Learned counsel for the appellant states that the appellant would deposit the said amount. 6. Accordingly and with the consent of the learned counsel for the parties, the instant appeal is disposed of as follows: a) The appellant shall deposit ₹5 lakh within one month and, in which event, the operation of the impugned order of learned Single Judge shall remain in abeyance. b) The remaining amount shall be deposited by the appellant in five equal monthly installments so that the entire dues are cleared within six months from today. 7. In case of failure in making the deposits as per the above, the protection granted to the appellant shall stand vacated automatically and it shall become open to the secured creditor to proceed in the matter in 2 UKHC010104702026 2026:UHC:5030-DB accordance with law and as per direction of the learned Single Judge. 8. In case the entire amount is deposited as per the above time-frame, the respondent-secured creditor shall release the title documents in favour of the appellant. 9. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 18.06.2026 SS 3