Authority: High Court of Punjab & Haryana at Chandigarh
Order Date: 16 July 2026
Case Overview
- Petition filed by ICICI Home Finance Company Limited (petitioner) against the State of Punjab (respondent) for non‑execution of an order dated 02.01.2026 issued by the Additional District Magistrate, Patiala, under Section 14 of the SARFAESI Act.
- The petitioner alleged that the concerned officers failed to assist and hand over physical possession of the secured asset, hindering recovery of dues.
- The Court noted the systemic burden of NPAs and the importance of prompt SARFAESI enforcement for liquidity.
- The Court referred to the guidelines laid down by the Coordinate Bench in Bank of Maharashtra Vs. District Magistrate, Hisar And Others (CWP‑7018‑2022 decided on 28.05.2024), directing adherence.
Final Outcome
- The Court, by way of writ of mandamus, directs Respondents No.3 and No.4 to provide all necessary assistance, including police help, to the District Revenue Officer‑cum‑Nodal Officer, Patiala, for handing over physical possession of the secured asset to the petitioner.
- Possession must be handed over expeditiously, preferably within 30 days from the date of this order, enabling the petitioner to liquidate the asset and recover the due amount.
- The order is subject to any restraint, interim, or final order that may have been passed by any judicial forum in favour of borrowers, guarantors, or other aggrieved persons.
- Respondent No.3 is directed to file a compliance report before the Court Registry within 45 days of this order; the Registry shall ensure that any deficiencies are placed before the appropriate Bench under the IOIN category.
- The order does not impede any party’s right to seek appropriate remedy under DRT/DRAT as per law.
Topics: SARFAESI Enforcement, Court‑Ordered Possession