Authority: Hon'ble Manoj Kumar Tiwari, J.
Order Date: 06.07.2026
Case Overview
- Petitioner: Punjab National Bank (PNB)
- Respondent: District Magistrate, Nainital
- Nature of Proceeding: Writ petition (WPMS/1995/2026) seeking mandamus to enforce an earlier order dated 16.07.2022 issued by the District Magistrate under Section 14 of the SARFAESI Act.
- Relief Sought: PNB requested the court to command the respondents to execute the 16 July 2022 order, allowing PNB’s application under Section 14 of the SARFAESI Act, and to hand over physical possession of the disputed property to the bank with assistance from the second respondent (police) promptly.
- Key Allegations/Issues: PNB contended that despite depositing the required fee with the police, the police were not facilitating the possession handover.
Final Outcome
- The court disposed of the writ petition, allowing PNB to make a representation to the Senior Superintendent of Police (SSP) within three weeks from the date of the order.
- The court directed that a decision on the representation be taken within three months thereafter, as per applicable law.
- No mandamus was issued; the matter is to be resolved through the representation process.
Topics: SARFAESI Act, Banking Litigation, Court Procedure