Disposed¶23

Au Small Finance Bank Ltd. v. State of Punjab and Others

SARFAESI – Section 14

Punjab & Haryana HC29 May 2026CWP/18153/2026

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CWP-18153-2026, AU Small Finance Bank Limited v. State of Punjab and others, Punjab and Haryana High Court at Chandigarh, decided 29.05.2026 by Suvir Sehgal and Vikas Suri JJ (oral judgment by Suvir Sehgal J) — SARFAESI Act Section 14 — non-implementation of CJM Moga order dated 22.12.2025 for physical possession of secured asset — mandamus — direction to competent authority to comply within 60 days unless legal impediment — Bank of Maharashtra 2024 (2) PLR 346; IIFL Home Finance Law Finder Doc ID #2875322.

What did the court decide?

Direction to the competent authority to comply with order dated 22.12.2025 (Annexure P-3) within a period of 60 days from the date of communication of the copy of the order, unless there is any legal impediment in doing so. ¶23

Au Small Finance Bank Ltd. Vs State of Punjab… — Banking and Recovery | Punjab & Haryana HC (2026)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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172

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CWP-18153-2026 Date of Decision: 29.05.2026

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AU Small Finance Bank Limited

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....Petitioner

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Versus

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State of Punjab and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE VIKAS SURI

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----

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Present: Mr. Vaibhav Mittal, Advocate and Mr. Shivansh Mahajan, Advocate for the petitioner.

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Mr. Akhil Kamra, Assistant Advocate General, Punjab.

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SUVIR SEHGAL, J. (ORAL)

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This writ petition has been filed, inter alia, for issuance of a writ in the nature of mandamus directing respondents No.3 and 4 to provide assistance in handing over the physical possession of the secured asset.

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Counsel for the petitioner submits that order dated 22.12.2025 (Annexure P-3) has been passed by the Chief Judicial Magistrate, Moga, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’), but despite of lapse of more than 5 months, physical possession of the secured asset has not been delivered.

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Advance copy of the petition has been served upon the official respondents.

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On asking, State counsel has put in appearance on behalf of

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VARINDER PRASHAD 2026.05.30 15:53 I attest to the accuracy of this document PHHC

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CWP-18153-2026

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-: 2 :-

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respondents-State. He does not have any instructions.

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Having heard counsel for parties and keeping in view the observations of Division Benches of this Court in Bank of Maharashtra vs. District Magistrate, Hisar and others, 2024 (2) PLR 346, as well as in IIFL Home Finance Limited vs. State of Haryana and others, Law Finder Doc ID #2875322, , writ petition is disposed of with a direction to competent authority to comply with order dated 22.12.2025 (Annexure P-3) within a period of 60 days from the date of communication of the copy of this order, unless there is any legal impediment in doing so.

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(SUVIR SEHGAL) JUDGE

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(VIKAS SURI) May 29, 2026 JUDGE Varinder Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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VARINDER PRASHAD 2026.05.30 15:53 I attest to the accuracy of this document PHHC

Au Small Finance Bank Ltd. v. State of Punjab and Others

Case brief

What is this about?

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Au Small Finance Bank Ltd. v. State of Punjab and Others

Case brief

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