Can Fin Homes Limited v. State of Haryana and Ors.
Case brief
What is this about?
Can Fin Homes Ltd v. State of Haryana, CWP-20850-2025, Punjab & Haryana High Court (Sheel Nagu, CJ and Sanjiv Berry, J), decided 06.08.2025. Mandamus under Section 14 SARFAESI Act for execution of District Magistrate, Jind order dated 21.02.2024; Tehsildar, Julana's failure to deliver physical possession of secured asset; NPA recovery; thirty-day timeline; reliance on Bank of Maharashtra v. District Magistrate, Hisar, CWP-7018-2022; saving clause for borrowers/guarantor restraining orders.
What did the court decide?
Writ of mandamus to respondents No.2 and 5 to execute the order dated 21.02.2024 (Annexure P-3) passed by the District Magistrate, Jind under Section 14 of the SARFAESI Act by handing over physical possession of the secured asset to the petitioner, preferably within thirty days, subject to the Bank of Maharashtra guidelines and any restraining order of a judicial forum in favour of borrowers/guarantor.