Secured creditor sought mandamus to enforce a District Magistrate's Section 14 SARFAESI Act order of 24.08.2021. The court held it cannot act as an executing court for such orders and dismissed the writ petition with liberty to make a representation to the District Magistrate.
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| No | Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
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| WPMS No.182 of 2024 Hon’ble Man oj Ku m ar Tiw ar i, J. |
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| Mr. Pradeep Kumar Chauhan, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand. 2. Petitioner claims to be secured creditor in respect of a loan disbursed by Indiabulls Housing Finance Limited. By means of this writ petition, petitioner has sought the following reliefs: “i) To declare inaction on the part of respondent no. 1 & 2 for not executing the order dated 24-08-2021 passed under section 14 of the SARFAESI Act 2002 on the application of petitioner. ii) To issue a writ or direction in the nature of mandamus directing the Respondent no.1 & 2, to ensure that the order dated 24-08-2021, is executed/ complied forthwith.” |
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| 3. In sum & substance, petitioner is seeking enforcement of order dated 24.08.2021 passed by District Magistrate, Nainital, under Section 14 of SARFAESI Act. 4. The relief, as claimed in the writ petition, cannot be granted in a petition under Article 226 of Constitution, as this Court cannot be used as an executing Court for execution of an order passed by District Magistrate. |
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| 5. Accordingly, the writ petition is dismissed, with liberty to petitioner to approach District Magistrate, by making a representation. |
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| ( Man oj Ku m ar Tiw ar i, J.) 04.03.2024 Arpan |
1 issue framed by the court
Can Article 226 be used to compel execution of a District Magistrate's Section 14 SARFAESI order?
2 provisions across 2 enactments
Petitioner (secured creditor, Indiabulls Housing Finance Limited loan)
State of Uttarakhand
Manoj Kumar Tiwari
As recorded by the court registry
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