ADITYA BIRLA FINANCE LIMITED Vs. TEHSILDAR CHANDIGARH

JUDGEMENT

(1.) The present writ petition has been filed by petitioner Bank aggrieved by non-execution of the order dtd. 6/4/2022 (Annexure P-2) passed by the District Magistrate, Chandigarh under the provisions of Sec. 14 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity).

(2.) It is rather surprising that District Magistrate, Chandigarh or the concerned Tehsildar (Respondent No.1) have failed to discharge their statutory duty of assisting and handing over physical possession of the secured asset to the petitioner Bank.

(3.) In view of the above, this court by way of writ of mandamus directs Respondent No.1 to execute the order dtd. 6/4/2022 (Annexure P-2) passed under Sec. 14 of SARFAESI Act by handing over physical possession of the secured asset to the petitioner-Bank as expeditiously as possible, preferably, within a period of 30 days. The petitioner-Bank, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount.