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2026 Supreme(Online)(P&H) 2721

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AXIS BANK LIMITED – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-4337-2026 Date of decision : 12.02.2026 Axis Bank Ltd. …….Petitioner Versus State of Haryana and others ...….Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Mr. D.K. Singal, Advocate, for the petitioner.

Mr. Neeraj Gupta, Addl. Advocate General, Haryana.

****

SHEEL NAGU, CHIEF JUSTICE ( Oral )

1. This petition has been filed by petitioner – bank aggrieved by non-execution of order dated 08.08.2025 (Annexure P-2) passed by District Magistrate, Karnal (respondent No.2), u/s 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’, for brevity).

1.1 It is mentioned in the petition that no proceedings under SARFAESI Act are pending before DRT or DRAT.

2. It is rather surprising that Tehsildar-cum-Executive Magistrate, Assandh, District Karnal, (respondent No.3), who was appointed as Duty Magistrate with a direction to take possession of secured assets and hand over same to authorized officer of the petitioner – bank, has failed to discharge his statutory duty of assisting and handing over physical possession of

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