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2026:UHC:2105 Office Notes, reports, orders or proceedings

SL.

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

and Registrar’s order with Signatures

WPMS No. 686 of 2026 Hon’ble Rakesh Thapliyal, J.

1. Ms. Menka Tripathi, learned counsel for the petitioner.

2. The petitioner in the instant writ petition is praying for the following reliefs:

i. Issue a direction or order to the Ld. Chief Judicial Magistrate, Dehradun, to decide and dispose of the Securitisation application no. 342/2025 under Section 14 of the SARFAESI Act in the matter of Poonawalla Fincorp Ltd. vs. Hawk Security Service & Ors. (Annexure No. 1) within a stipulated period, preferably within

one month.

3. The relief as sought appears to be innocuous.

4. Ms. Menka Tripathi, learned counsel for the petitioner, submits that the application under section 14 of the SARFAESI Act has to be decided within 60 days but in this particular application was filed in September, 2025 and almost six months have been passed but the same is still pending for consideration before the learned Chief

Judicial Magistrate, Dehradun.

5. Section 14 of the Securitisation Act is read as under:

“14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking

possession of secured asset.

(1)Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to

2026:UHC:2105 him.

(a) take possession of such asset and documents relating thereto; and

(b) forward such asset and documents to the secured creditor:

[Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured

creditor, declaring that—

(i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing

the application;

(ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation

period;

(iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause

(ii)above;

(iv) the borrower has committed default in repayment of the financial assistance

granted aggregating the specified amount;

(v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified

as a non-performing asset;

(vi) affirming that the period of sixty days notice as required by the provisions of sub- section (2) of section 13, demanding payment of the defaulted financial assistance has been served on the borrower; 1. Ins. by Act 1 of 2013, s. 6

(w.e.f. 15-1-2013).

(vii) the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been

communicated to the borrower;

(viii) the borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub- section (4) of section 13 read with section

14 of the principal Act;

(ix) that the provisions of this Act and the rules

2026:UHC:2105

2026:UHC:2105