Bank of India Vs Dr Vivek Bharti Deputy Commissioner Fatehabad

Learned counsel for the pet i tioner submits that contempt proceedi n gs be initiated against the resp o ndent for not complying the order dat e d 22.9.2025 (Annexure P-1) p a ssed by a Division Bench of this Cou r t in CWP-21143-2023 titled as “Bank of India vs. State of Haryana a nd others”, whereby the petit i on was disposed of with the followin g observations :-

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“ xxx xxx xxx

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3. In view of the above, this court by way of writ of mandamus dir e cts Respondent Nos. 2 and 3 (District Magistrate, F atehabad and the concerned Naib Tehsildar) to execute the order dated 26.04.2023 (Annexur e P-4) passed under Section 14 of SARFAESI Ac t by handing over physical possession of the se c ured asset to the petitioner

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VIJAY ASIJA 2026.01.15 09.29 I attest to the accuracy and integrity of this document

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COCP-5999-2025 (O & M) 2

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Bank as expeditiously as possible, preferably, within a period of 60 days. The petitioner (Bank), thereafter, can proceed to adopt all possible legitimate means to l i quidate the secured asset to recover the due amou n t.

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4. The petition f or the time being stands disposed of in the ter m s aforesaid. Needless to say that the guidelines lai d down by Coordinate Bench in Bank of Maharashtra Vs. District Magistrate, Hisar And Others [ C WP-7018-2022 decided on 28.05.2024] be adh e red to by the concerned authorities.

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5. We hasten to add that this order shall, however, be subject t o any restraint/interim/final order, which may hav e been passed by any judicial forum, in favour of t he borrowers/guarantor/any aggrieved person, wh o is party to this lis.

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On the last date of hearing i . e. 08.12.2025, the following

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order wa s passed by this Court :-

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“Learned coun s el for the respondent, at the very outset, on instru c tions, submits that the Writ Court order dated 22.9.2025 (Annexure P-1) directing the respond e nt to execute the order dated 26.4.2023 by handin g over physical possession of the secured assets to the petitioner-bank be done within 60 days, has been partly complied with. Inasmuch as of the th r ee properties, possession of one property already stands handed over to the petitioner; whereas the possession of the remaining two prope r ties shall be handed over to the petitioner within o n e week.

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Adjourned to 1 2 .1.2026.”

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VIJAY ASIJA 2026.01.15 09.29 I attest to the accuracy and integrity of this document

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COCP-5999-2025 (O & M) 3

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Today, it is informed b y learned counsel for the responde n t that the possession of all the s ecured assets have been duly handed o v er to the petitioner Bank. Cop y of the receipt in that regard dated 08.1.2026 reflecting the said handi n g over of the secured assets to the pe t itioner Bank is produced in Co u rt by learned counsel for the responde n t-State, which is taken on rec o rd. Registry to tag/paginate the same at appropriate place in the pap e r-book. Learned counsel for the resp o ndent submits that thus, no c a use survives in the present petition.

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Learned counsel for the pet i tioner submits that since the Writ Co u rt order dated 22.9.2025 (Anne x ure P-1) has been complied with by the respondent-authority, noth i ng survives in the present contempt petition and the same may be d i sposed of.

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In view of the above note d facts and the submissions made by learned counsel for the petit i oner, the present contempt petition i s disposed of .

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Rule stands discharged.

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Pending application(s), if an y , shall stands disposed of.

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January 12, 2026 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2026.01.15 09.29 I attest to the accuracy and integrity of this document

Bank of India v. Dr Vivek Bharti Deputy Commissioner Fatehabad

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Bank of India v. Dr Vivek Bharti Deputy Commissioner Fatehabad

Case brief

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