Authority: Uttarakhand High Court, Hon'ble Manoj Kumar Tiwari, J

Order Date: Not specified

Case Overview

  • Parties: Save Housing Finance Limited (Petitioner) vs. State of Uttarakhand (Respondent).
  • Nature of Proceeding: Writ petition (WPMS/1968/2026) filed to enforce an earlier order dated 16‑10‑2025 passed by the Chief Judicial Magistrate, Haridwar, in Misc. Case No. 648 of 2025 under Section 14 of the SARFAESI Act, 2002.
  • Reliefs Sought:

1. Issuance of a writ/mandamus directing the Respondent to comply with and execute the 16‑10‑2025 order.

2. Direction to the Respondent to take possession of the secured asset as per the said order and hand it over to the petitioner or its authorized officer within a time frame fixed by the Court.

3. Direction to the Respondent to consider and act upon the petitioner’s representations dated 11‑12‑2025 (Annexure‑3) and 18‑03‑2026 (Annexure‑4).

  • Counsel: Mr. Devansh Dhiman (Petitioner’s learned counsel) and Mr. Suyash Pant (learned Additional C.S.C. for the State of Uttarakhand).

Court Observations & Reasoning

  • The Court found substance in the petitioner’s contention but emphasized that the proper procedural route was to approach the Station House Officer (SHO) of the concerned police station for execution of the order and to deposit the requisite fee as prescribed by law.
  • Learned State Counsel highlighted that the petitioner should have approached the SHO before seeking judicial intervention, and that the petitioner’s approach to the Court seeking a direction to the Tehsildar was premature.
  • The Court noted that the petitioner rushed to the High Court instead of following the statutory mechanism available under the SARFAESI Act for enforcement.

Final Outcome

  • The writ petition is disposed of.
  • The petitioner is granted liberty to approach the Station House Officer concerned, submit the required application, and deposit the requisite fee as determined by the SHO.
  • Upon compliance with the above, the SHO shall, as per law, take necessary steps to implement the order passed by the Chief Judicial Magistrate, Haridwar.

Topics: Legal Enforcement, SARFAESI Act