Smfg India Home Finance Company Limited v. District Magistrate, Sri Muktsar Sahib and Others
SARFAESI Act, 2002 – Section 14
Case brief
What is this about?
CWP-21681-2025, Punjab and Haryana High Court (Sheel Nagu, CJ with Sanjiv Berry, J), decided 11.08.2025. SMFG India Home Finance Company Limited v. District Magistrate, Sri Muktsar Sahib and others. Section 14 SARFAESI Act; non-execution of DM order dated 09.12.2024 (Annexure P-4); mandamus to Tehsildar Malout and others to hand over physical possession of secured asset within 30 days; NPA recovery and liquidity; Bank of Maharashtra v. District Magistrate, Hisar, CWP-7018-2022 (28.05.2024) guidelines; order subject to interim orders favouring borrowers/guarantor; petition disposed of.
What did the court decide?
Writ of mandamus to respondents No.2 and 7 to execute the order dated 09.12.2024 (Annexure P-4) of the District Magistrate, Sri Muktsar Sahib under Section 14 of the SARFAESI Act by handing over physical possession of the secured asset to the petitioner-Financial Institution, preferably within thirty days, subject to any restraint/interim/final order of a judicial forum in favour of borrowers/guarantor/aggrieved persons, and subject to adherence to the Coordinate Bench guidelines in Bank of Maharashtra (CWP-7018-2022).