Authorities Must Provide Administrative Assistance and Police Force to Execute Section 14 SARFAESI Orders Expeditiously

The petitioner, ICICI Bank Ltd., extended credit facilities to Respondent No. 5 (M/s Manna Mama Agency), secured by mortgages on two residential properties in Kashipur.

Following a default, the account was classified as a Non-Performing Asset (NPA) on May 12, 2024.

The Bank initiated proceedings under Section 13(2) and 13(4) of the SARFAESI Act, 2002.

On March 17, 2025, the Chief Judicial Magistrate (CJM), Udham Singh Nagar, passed an order under Section 14 of the Act directing the delivery of physical possession of the secured assets to the Bank.

Despite this order and the disposal of previous challenges by the borrowers before the Debt Recovery Tribunal and High Court via settlement, the administrative authorities (Respondents 1-4) failed to provide the necessary assistance to execute the order.

The Bank filed this writ petition seeking a mandamus for the enforcement of the CJM’s order.

Whether a Writ of Mandamus can be issued to direct state authorities to provide police and administrative assistance for the execution of an order passed under Section 14 of the SARFAESI Act.

Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, which mandates that the Chief Metropolitan Magistrate or District Magistrate assist secured creditors in taking possession of secured assets.

The overarching objective of the SARFAESI Act, which is the expeditious enforcement of security interests and the recovery of public money.

The Court observed that the petitioner had strictly complied with all statutory requirements under the SARFAESI Act, including the issuance of notices under Sections 13(2) and 13(4).

It noted that the Section 14 order dated March 17, 2025, had attained finality, yet the District Magistrate and local authorities had failed to act upon it despite repeated representations from the Bank.

The Court reasoned that continued inaction by the respondent authorities (Respondents 1 to 4) frustrates the legislative intent of the SARFAESI Act, which seeks to prevent delays in the recovery of dues by financial institutions.

Since the private respondents (5 to 9) failed to appear despite being served summons, the Court proceeded based on the uncontroverted submissions of the Bank.

The Court allowed the writ petition and issued a Mandamus directing Respondent Nos. 1 to 4 to provide the necessary police and administrative assistance to the petitioner-bank to take physical possession of the mortgaged assets within thirty days from the production of the certified order.