Ms Icici Bank Ltd vs District Magistrate Udham Singh Nagar & Others

Pankaj Purohit, J

Notices were issued to respondent nos.5 to 9. As per postal tracking report, summons have been delivered upon respondent nos.5 to 9, but no one has put in appearance on their behalf. Accordingly, service is sufficient upon respondent nos.5 to 9. Thus, this Court has left with no option but to proceed further in the matter.

This writ petition has been filed by the petitioner for the following reliefs:-

"a.A writ, order or direction in the nature of mandamus directing respondent nos.1 to 4 provide the physical possession of Schedule Properties (A) Residnetial Property bearing house no.66/19/4, situated at Mohalla Rajwara, Under Nagar Nigam, Tehsil Kashipur, District Udham Singh Nagar, Uttarakhand and (B) Residential property bearing house no.78/19/15, situated at Mohalla Rajwara Under Nagar Nigam, Tehsil Kashipur, District Udham Singh Nagar, Uttarakhand to the petitioner Bank in respect of NPA account to respondent no.5 under Section 14 of the Securitization and Reconstructions of Financial Assets and Enforcement of the Security Interest Act, 2002 in pursuance of the order dated 17.03.2025 passed by the respondent no.1 in Application being Case No.294 of 2025 [ICICI Bank Ltd. vs. M/s Manna Mama Agency and others] under section 14 of the SARFAESI Act, 2002.

b. It is therefore, most respectfully prayed that during the pendency the aforesaid writ petition, ad an interim maintenance may be issued to the respondent no.1 to 4 to provide physical possession of scheduled property to the petitioner Bank in respect of NPA Account of Respondent no.5 under Section 14 of Securitization and Reconstructions of Financial Assets and Enforcement of the Security Interest Act, 2002 in pursuance of the order dated 17.03.2025 passed by the respondent no.4 in Application being Case No.294 of 2025 [ICICI Bank Ltd. vs. M/s Manna Mama Agency and others] under Section 14 of the SARFAESI Act, 2002, or else the petitioner shall suffer irreparable loss and injury."

Brief facts of the case are that petitioner, ICICI Bank Ltd., has filed the present writ petition seeking a direction to the respondent authorities to provide necessary police and administrative assistance for taking physical possession of certain secured assets in pursuance of an order passed under Section Securitization and Reconstructions of Financial Assets and Enforcement of the Security Interest Act, 2002 (for short "the SARFAESI Act, 2002). It is stated that respondent no.5, M/s Manna Mama Agency, had availed credit facilities from the petitioner-bank, which were secured by mortgage of certain immovable properties, while respondent nos.6 to 9 stood as guarantors and/or mortgagors. According to the petitioner, upon default in repayment of the loan facilities, the account was classified as a Non-Performing Asset (NPA) on 12.05.2024. Thereafter, proceedings under the SARFAESI Act were initiated by issuance of a demand notice under Section 13(2), followed by measures under Section 13(4) of the Act. Since physical possession of the secured assets could not be obtained, the petitioner approached the District Magistrate, Dehradun under Section 14 of the Act, whereupon an order dated 28.12.2023 was passed in its favour for taking possession of the secured assets.

The borrowers challenged the SARFAESI proceedings before the Debts Recovery Tribunal and also instituted proceedings before this Court, which were disposed of on the basis of a settlement between the parties. The petitioner asserts that despite the order passed under Section 14 of the SARFAESI Act, 2002 and repeated representations made to the authorities concerned, physical possession of the secured assets has not yet been delivered. Aggrieved thereby, petitioner has preferred the present writ petition seeking appropriate directions to respondent nos.1 to 4 for execution of the order dated 17.03.2025 and for handing over physical possession of the secured assets.

Learned counsel for the petitioner-bank submitted that respondent no.5 availed various credit facilities from the petitioner-bank, which were secured by mortgage of the properties described in the writ petition and further backed by personal guarantees. Upon persistent default in repayment, the loan account was classified as a Non-Performing Asset (NPA), whereafter proceedings under the SARFAESI Act, 2002 were initiated by issuance of demand notice under Section 13(2), followed by measures under Section 13(4). It was contended that all statutory requirements prescribed under the Act and the Rules framed thereunder were duly complied with by the petitioner-bank.

It was further submitted that since the borrowers failed to hand over possession of the secured assets, petitioner approached the District Magistrate, Dehradun under Section 14 of the SARFAESI Act. The said application was allowed vide order dated 17.03.2025 directing assistance for taking possession of the secured assets. According to the petitioner, despite the said order attaining finality and despite repeated representations made to the authorities concerned, physical possession of the secured assets has not been delivered to the petitioner-bank till date. It is argued that such inaction on the part of respondent nos.1 to 4 defeats the very object of the SARFAESI Act, which envisages expeditious enforcement of security interests and recovery of public money.

In view of the statement made by learned counsel for the parties and considering the nature of the relief sought, the present writ petition is allowed. Respondent nos.1 to 4 are directed to provide necessary police and administrative assistance to the petitioner- Bank for taking possession of the secured asset mortgaged by respondent no.5, in accordance with law, within a period of thirty days from the date of production of a certified copy of this order.

Pending application, if any, stands disposed of accordingly.