Indian Overseas Bank v. District Magistrate and Ors.
Case brief
What is this about?
Indian Overseas Bank v. District Magistrate & Ors, CWP-9807-2022 (O&M), Punjab & Haryana High Court, decided 20.08.2025; Section 14 SARFAESI Act; non-execution of DM Panipat order dated 18.07.2021 (Annexure P-2); Tehsildar Respondent No.3; statutory duty to hand over physical possession of secured asset; writ of mandamus; execution preferably within 30 days; NPA burden and liquidity; subject to judicial-forum restraint orders favouring borrowers/guarantor; guidelines of Bank of Maharashtra v. District Magistrate, Hisar, CWP-7018-2022 (28.05.2024) to be adhered to; petition disposed of.
What did the court decide?
Writ of mandamus issued directing Respondent No.1 (District Magistrate, Panipat) and Respondent No.3 (Tehsildar) to execute the Section 14 SARFAESI order dated 18.07.2021 (Annexure P-2) by handing over physical possession of the secured asset to the petitioner-Bank, preferably within 30 days, subject to any judicial-forum order favouring borrowers/guarantor and adherence to the Bank of Maharashtra (CWP-7018-2022) guidelines; pending applications, if any, stand disposed of.