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2025 Supreme(Online)(UK) 972486

HIGH COURT OF UTTARAKHAND
HINDUJA HOUSING FINANCE LIMITED – Appellant
Versus
SUB DIVISIONAL MAGISTRATE – Respondent
WPMS 3304 / 2025



Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures WPMS/ 3304/ 2025 Hon’ble Manoj Kumar Tiwari, J

1. Ms. Tanya Kapoor, learned counsel for the petitioner.

2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.

3. Respondent nos. 4 & 5 took a housing loan from petitioner. Allegedly there was some default in repayment of loan, therefore, petitioner invoked its power under SARFAESI Act, 2002. Annexure 4 to the writ petition is an order under Section 14 of SARFAESI Act, passed by Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

4. Petitioner contends that even though, a sum of ₹47,756/- was deposited by him before Senior Superintendent of Police, Udham Singh Nagar, however, the Station House Officer concerned did not cooperate in getting physical possession of secured asset and now the deadline indicated in letter dated 28.10.2025 issued by SSP, Udham Singh Nagar, is expired.

5. By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus directing the Respondent Nos. 1 and 2 to provide police force for ensuring effective compliance of the order dated 02.06.2025 passed under Section 14 of the SARFAESI Act, 2002 by the Hon’ble Chief Judicial Magistrate,

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