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Nainital Bank Limited vs District Magistrate Udham Singh Nagar & Others

Uttarakhand High Court · Decided on 21 April 2026 · Citation: (2026) 04 UK CK 1712

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 — Section 14
RESULT
Disposed Of
CASE NUMBER
Writ Petition Miscellaneous Single No. 1008 Of 2026
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Judgment

7 paragraphs · 195 words

Pankaj Purohit, J

1.

Petitioner, being a secured creditor, wants to initiate proceedings against the borrower for recovery of the loan amount and the interest thereon under the provisions of the SARFAESI Act, 2002.

2.

An application under Section 14 of the SARFAESI Act was filed by the petitioner before the District Magistrate, Udham Singh Nagar, on 11.06.2025.

3.

It is contended by learned counsel for the petitioner that, as per the second proviso to Section 14 of the SARFAESI Act, 2002, the time period for deciding an application under Section 14 is 30 days, which may be extended to an aggregate of 60 days as per the third proviso to Section 14 of the SARFAESI Act, 2002. However, more time has elapsed, and the application is still pending for consideration.

4.

The prayer of the petitioner is innocuous.

5.

Accordingly, the writ petition is disposed of with a direction to the District Magistrate, Udham Singh Nagar, to decide the petitioner's application dated 11.06.2025 as expeditiously as possible, but not later than four weeks from the date of production of a certified copy of this order.

6.

Pending application, if any, stands disposed of accordingly.