SBFC FINANCE LTD vs STATE OF UTTARAKHAND

2026:UHC:4346
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
C528/1158/2026


Hon’ble Alok Mahra, J.

Mr. Siddhartha Tomar, learned
counsel for the applicant through Video
Conferencing.
2. Mr. V.S. Pal, learned A.G.A. along
with Mr. Nikhil Bisht, learned Brief
Holder for the State.
3. Present C-528 application has
rd
been filed to direct the 3 Addl. Chief
Judicial Magistrate, Dehradun to
decide the Complaint Case
No.246/2025 within the stipulated time
fixed by the Hon’ble Court.
4. Learned counsel for the applicant
would submit that the applicant is a
Non-Banking Financial Company
(NBFC) duly engaged in the business of
providing financial assistance and
credit facilities to eligible borrowers. It
is submitted that respondent nos. 2
and 3 had availed loan facilities
₹
amounting to 24,13,517/- from the
applicant on different dates by creating
security interest over their immovable
property through mortgage. However,
on account of persistent default in
repayment of the equated monthly
installments (EMIs), the loan account of
respondent nos. 2 and 3 was classified
as a Non-Performing Asset (NPA) on

2026:UHC:4346
05.08.2024. Consequently, the
applicant initiated proceedings under
the provisions of the Securitisation and
Reconstruction of Financial Assets and
Enforcement of Security Interest Act,
2002 (SARFAESI Act) and issued a
demand notice under Section 13(2) of
the Act read with the relevant
provisions of the Security Interest
(Enforcement) Rules. Despite service of
the said notice, respondent nos. 2 and
3 neither submitted any
objection/representation nor liquidated
the outstanding dues.
5. Learned counsel further submits
that, in continuation of the recovery
proceedings, the applicant instituted
Complaint Case No. 246 of 2025 under
Section 14 of the SARFAESI Act before
the Court of the learned Chief Judicial
Magistrate, Dehradun, seeking
assistance for taking physical
possession of the secured asset
mortgaged by respondent nos. 2 and 3;
that, notices were issued and the
matter has been heard by the court
concerned on several dates. However,
despite conclusion of arguments, no
final order has yet been passed and the
proceedings have remained pending
since the year 2025. Learned counsel,
therefore, prays that an appropriate
direction be issued to the court
concerned for expeditious disposal of
the aforesaid complaint case within a

2026:UHC:4346
time-bound period.
6. Heard learned counsel for the
parties and perused the material
available on record.
7. Considering the facts and
circumstances of the case and without
expressing any opinion on the merits of
the matter, this Court is of the view
that the ends of justice would be served
by directing the court concerned to
decide the pending proceedings
expeditiously in accordance with law.
8. Accordingly, the present C-528
application stands disposed of with a
direction to the learned 3rd Additional
Chief Judicial Magistrate, Dehradun, to
make all endeavours to decide
Complaint Case No. 246 of 2025, in
accordance with law, as expeditiously
as possible, preferably within a period
of two months from the date a certified
copy of this order is produced before
the said court.
9. Pending applications, if any, also
stand disposed of.





(Alok Mahra, J.)
01.06.2026

Mamta

2026:UHC:4346