MS ICICI BANK LTD vs DISTRICT MAGISTRATE UDHAM SINGH NAGAR

Court
Uttarakhand High Court


2026:UHC:4456

HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 444 of 2026

03 June, 2026

Ms Icici Bank Ltd


--Petitioner
Versus

District Magistrate Udham Singh Nagar & others

--Respondents


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Presence:-
Mr. Harsh Vardhan Dhanik, learned counsel for the petitioner.
Mr. Bhupendra Koranga, learned Brief Holder for the State.

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Hon’ble Pankaj Purohit, J.
Notices were issued to respondent nos.5 to 9.
As per postal tracking report, summons have been
delivered upon respondent nos.5 to 9, but no one has put
in appearance on their behalf. Accordingly, service is
sufficient upon respondent nos.5 to 9. Thus, this Court
has left with no option but to proceed further in the
matter.
2. This writ petition has been filed by the
petitioner for the following reliefs:-
“a. A writ, order or direction in the nature of mandamus directing
respondent nos.1 to 4 provide the physical possession of Schedule
Properties (A) Residnetial Property bearing house no.66/19/4,
situated at Mohalla Rajwara, Under Nagar Nigam, Tehsil Kashipur,
District Udham Singh Nagar, Uttarakhand and (B) Residential
property bearing house no.78/19/15, situated at Mohalla Rajwara
Under Nagar Nigam, Tehsil Kashipur, District Udham Singh Nagar,
Uttarakhand to the petitioner Bank in respect of NPA account to
respondent no.5 under Section 14 of the Securitization and
Reconstructions of Financial Assets and Enforcement of the
Security Interest Act, 2002 in pursuance of the order dated
17.03.2025 passed by the respondent no.1 in Application being
Case No.294 of 2025 [ICICI Bank Ltd. vs. M/s Manna Mama
Agency and others] under section 14 of the SARFAESI Act, 2002.
b. It is therefore, most respectfully prayed that during the pendency
the aforesaid writ petition, ad an interim maintenance may be
issued to the respondent no.1 to 4 to provide physical possession of
scheduled property to the petitioner Bank in respect of NPA Account
of Respondent no.5 under Section 14 of Securitization and
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Reconstructions of Financial Assets and Enforcement of the
Security Interest Act, 2002 in pursuance of the order dated
17.03.2025 passed by the respondent no.4 in Application being
Case No.294 of 2025 [ICICI Bank Ltd. vs. M/s Manna Mama
Agency and others] under Section 14 of the SARFAESI Act, 2002, or
else the petitioner shall suffer irreparable loss and injury.”
3. Brief facts of the case are that petitioner, ICICI
Bank Ltd., has filed the present writ petition seeking a
direction to the respondent authorities to provide
necessary police and administrative assistance for taking
physical possession of certain secured assets in
pursuance of an order passed under Section
Securitization and Reconstructions of Financial Assets
and Enforcement of the Security Interest Act, 2002 (for
short “the SARFAESI Act, 2002). It is stated that
respondent no.5, M/s Manna Mama Agency, had availed
credit facilities from the petitioner-bank, which were
secured by mortgage of certain immovable properties,
while respondent nos.6 to 9 stood as guarantors and/or
mortgagors. According to the petitioner, upon default in
repayment of the loan facilities, the account was
classified as a Non-Performing Asset (NPA) on
12.05.2024. Thereafter, proceedings under the SARFAESI
Act were initiated by issuance of a demand notice under
Section 13(2), followed by measures under Section 13(4)
of the Act. Since physical possession of the secured
assets could not be obtained, the petitioner approached
the Chief Judicial Magistrate, Udham Singh Nagar under
Section 14 of the Act, whereupon an order dated
17.03.2025 was passed in its favour for taking
possession of the secured assets.
4. The borrowers challenged the SARFAESI
proceedings before the Debts Recovery Tribunal and also
instituted proceedings before this Court, which were
disposed of on the basis of a settlement between the
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parties. The petitioner asserts that despite the order
passed under Section 14 of the SARFAESI Act, 2002 and
repeated representations made to the authorities
concerned, physical possession of the secured assets has
not yet been delivered. Aggrieved thereby, petitioner has
preferred the present writ petition seeking appropriate
directions to respondent nos.1 to 4 for execution of the
order dated 17.03.2025 and for handing over physical
possession of the secured assets.
5. Learned counsel for the petitioner-bank
submitted that respondent no.5 availed various credit
facilities from the petitioner-bank, which were secured by
mortgage of the properties described in the writ petition
and further backed by personal guarantees. Upon
persistent default in repayment, the loan account was
classified as a Non-Performing Asset (NPA), whereafter
proceedings under the SARFAESI Act, 2002 were
initiated by issuance of demand notice under Section
13(2), followed by measures under Section 13(4). It was
contended that all statutory requirements prescribed
under the Act and the Rules framed thereunder were
duly complied with by the petitioner-bank.
6. It was further submitted that since the
borrowers failed to hand over possession of the secured
assets, petitioner approached the Chief Judicial
Magistrate under Section 14 of the SARFAESI Act. The
said application was allowed vide order dated 17.03.2025
directing assistance for taking possession of the secured
assets. According to the petitioner, despite the said order
attaining finality and despite repeated representations
made to the authorities concerned, physical possession of
the secured assets has not been delivered to the
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petitioner-bank till date. It is argued that such inaction
on the part of respondent nos.1 to 4 defeats the very
object of the SARFAESI Act, which envisages expeditious
enforcement of security interests and recovery of public
money.
7. In view of the statement made by learned
counsel for the parties and considering the nature of the
relief sought, the present writ petition is allowed.
Respondent nos.1 to 4 are directed to provide necessary
police and administrative assistance to the petitioner-
Bank for taking possession of the secured asset
mortgaged by respondent no.5, in accordance with law,
within a period of thirty days from the date of production
of a certified copy of this order.
8. Pending application, if any, stands disposed of
accordingly.


( Pankaj Purohit, J .)
03.06.2026
AK




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