Disposed

Sbfc Finance Ltd. v. State of Uttarakhand

Uttarakhand HC1 Jun 2026C528/1158/2026

Case brief

AI extract

What is this about?

An NBFC sought a direction that its pending Section 14 SARFAESI complaint for physical possession of a mortgaged secured asset be decided without further delay. The court, without expressing any opinion on merits, disposed of the application directing expeditious disposal.

What did the court decide?

Direction to 3rd Addl. Chief Judicial Magistrate, Dehradun to decide Complaint Case No. 246/2025 expeditiously, preferably within two months; pending applications disposed.

SL.
No.

Date

Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

COURT’S OR JUDGE’S ORDERS

C528/1158/2026
Hon’ble Alok Mahra, J.

Mr. Siddhartha Tomar, learned
counsel for the applicant through Video
Conferencing.
2.
Mr. V.S. Pal, learned A.G.A. along
with Mr. Nikhil Bisht, learned Brief
Holder for the State.
3.
Present
C-528
application
has
been filed to direct the 3^rdAddl. Chief
Judicial
Magistrate,
Dehradun
to
decide
the
Complaint
Case
No.246/2025 within the stipulated time
fixed by the Hon’ble Court.
4.
Learned counsel for the applicant
would submit that the applicant is a
Non-Banking
Financial
Company
(NBFC) duly engaged in the business of
providing
financial
assistance
and
credit facilities to eligible borrowers. It
is submitted that respondent nos. 2
and
3
had
availed
loan
facilities
amounting to₹24,13,517/- from the
applicant on different dates by creating
security interest over their immovable
property through mortgage. However,
on account of persistent default in
repayment of the equated monthly
installments (EMIs), the loan account of
respondent nos. 2 and 3 was classified
as a Non-PerformingAsset(NPA)on

2026:UHC:4346 05.08.2024. Consequently, the
applicant initiated proceedings under
the provisions of the Securitisation and
Reconstruction of Financial Assets and
Enforcement of Security Interest Act,
2002 (SARFAESI Act) and issued a
demand notice under Section 13(2) of
the Act read with the relevant
provisions of the Security Interest
(Enforcement) Rules. Despite service of
the said notice, respondent nos. 2 and
3 neither submitted any
objection/representation nor liquidated
the outstanding dues.
5. Learned counsel further submits
that, in continuation of the recovery
proceedings, the applicant instituted
Complaint Case No. 246 of 2025 under
Section 14 of the SARFAESI Act before
the Court of the learned Chief Judicial
Magistrate, Dehradun, seeking
assistance for taking physical
possession of the secured asset
mortgaged by respondent nos. 2 and 3;
that, notices were issued and the
matter has been heard by the court
concerned on several dates. However,
despite conclusion of arguments, no
final order has yet been passed and the
proceedings have remained pending
since the year 2025. Learned counsel,
therefore, prays that an appropriate
direction be issued to the court
concerned for expeditious disposal of
the aforesaid complaint case within a

2026:UHC:4346
05.08.2024.
Consequently,
the

applicant initiated proceedings under

the provisions of the Securitisation and

Reconstruction of Financial Assets and

Enforcement of Security Interest Act,

2002 (SARFAESI Act) and issued a

demand notice under Section 13(2) of

the
Act
read
with
the
relevant

provisions of the Security Interest

(Enforcement) Rules. Despite service of

the said notice, respondent nos. 2 and

3
neither
submitted
any

objection/representation nor liquidated

the outstanding dues.

5.
Learned counsel further submits

that, in continuation of the recovery

proceedings, the applicant instituted

Complaint Case No. 246 of 2025 under

Section 14 of the SARFAESI Act before

the Court of the learned Chief Judicial

Magistrate,
Dehradun,
seeking

assistance
for
taking
physical

possession
of
the
secured
asset

mortgaged by respondent nos. 2 and 3;

that, notices were issued and the

matter has been heard by the court

concerned on several dates. However,

despite conclusion of arguments, no

final order has yet been passed and the

proceedings have remained pending

since the year 2025. Learned counsel,

therefore, prays that an appropriate

direction
be
issued
to
the
court

concerned for expeditious disposal of

the aforesaid complaint case within a

time-bound period.
6. Heard learned counsel for the
parties and perused the material available on record.
7. Considering the facts and circumstances of the case and without expressing any opinion on the merits of
the matter, this Court is of the view
that the ends of justice would be served
by directing the court concerned to
decide the pending proceedings expeditiously in accordance with law.
8. Accordingly, the present C-528
application stands disposed of with a direction to the learned 3rd Additional Chief Judicial Magistrate, Dehradun, to
make all endeavours to decide
Complaint Case No. 246 of 2025, in
accordance with law, as expeditiously as possible, preferably within a period of two months from the date a certified copy of this order is produced before
the said court.
9. Pending applications, if any, also stand disposed of. (Alok Mahra, J.) 01.06.2026 Mamta

time-bound period.

6.
Heard learned counsel for the

parties
and
perused
the
material
available on record.

7.
Considering
the
facts
and
circumstances of the case and without
expressing any opinion on the merits of

the matter, this Court is of the view

that the ends of justice would be served

by directing the court concerned to

decide
the
pending
proceedings
expeditiously in accordance with law.

8.
Accordingly, the present C-528

application stands disposed of with a
direction to the learned 3rd Additional
Chief Judicial Magistrate, Dehradun, to

make
all
endeavours
to
decide

Complaint Case No. 246 of 2025, in

accordance with law, as expeditiously
as possible, preferably within a period
of two months from the date a certified
copy of this order is produced before

the said court.

9.
Pending applications, if any, also
stand disposed of.

(Alok Mahra, J.)
01.06.2026
Mamta

Sbfc Finance Ltd. v. State of Uttarakhand

Case brief

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Sbfc Finance Ltd. v. State of Uttarakhand

Case brief

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