Authority: High Court of Punjab & Haryana at Chandigarh
Order Date: 08 July 2026
Case Overview
- Petitioner: ICICI Home Finance Co. Limited; Respondents: Ashok Kumar Chauhan et al. and Chief Judicial Magistrate, Ludhiana (respondent No.4).
- The petitioner filed a writ petition under Articles 226/227 seeking enforcement of its Section 14 application under the SARFAESI Act dated 13 Aug 2025.
- The borrowers obtained a loan of Rs 48,70,000, which was classified as a Non‑Performing Asset; demand notice issued on 24 Jun 2025 and possession notice on 5 Sep 2025.
- No Security Agreement pending before Debt Recovery Tribunal/Board.
- The Court referenced R.D. Jain v Capital First (2023) and NKGSB Coop Bank Ltd. v Subir Chakravarty (2022) emphasizing that the CMM’s action under Section 14 is ministerial and must be completed within 30 days, extendable up to 60 days.
- The Chief Judicial Magistrate, Ludhiana, failed to pass an order within the statutory period.
Final Outcome
- The Court issued a writ of mandamus directing the Chief Judicial Magistrate, Ludhiana, to decide the Section 14 application on or before 10 Sep 2026; if unable, to decide within 30 days thereafter.
- The petition is disposed with the above direction, subject to any other restraining or interim orders from other courts.
Topics: SARFAESI Act, Banking Regulation