Allahabad High Court
Iifl Home Finance Ltd vs State Of Uttar Pradesh And 9 Others on 21 May, 2025
Author: Yogendra Kumar Srivastava
Bench: Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:85975-DB Court No. - 40 Case :- WRIT - C No. - 16418 of 2025 Petitioner :- Iifl Home Finance Ltd Respondent :- State Of Uttar Pradesh And 9 Others Counsel for Petitioner :- Ashish Malhotra Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Shashi Nandan, learned Senior Counsel appearing along with learned counsel Sri Ashish Malhotra, in support of this petition, Sri Arimardan Singh Rajpoot, learned Standing Counsel appearing on behalf of the State respondents and Sri Sanjay Kumar Gupta, learned counsel, for the respondent Nos. 7, 9 and 10, whose Vaklatnama filed today has been kept on record.
This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has prayed for following primary reliefs:
"I. Issue an appropriate writ, order or direction in the nature of Mandamus, or any other writ as this Hon'ble Court may deem fit and proper, thereby directing the Respondent Nos. 4 to 6 to forthwith take actual physical possession of the mortgaged properties, as described in the order dated 27.08.2024, passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in the matter titled IIFL Home Finance Ltd. v. VACL India Real Estate Limited & Others, and hand over the same to the Authorised Officer of the Petitioner-Institution, within a fixed and reasonable time frame as may be stipulated by this Hon'ble Court, without further delay or administrative obstruction;
II. In addition, and without prejudice to the foregoing, if this Hon'ble Court finds any practical difficulty or ambiguity in enforcing the said order, kindly be pleased to appoint a Court Commissioner or any other appropriate authority empowered to implement the order dated 27.08.2024, so as to give full effect to the lawful measures initiated by the Petitioner and uphold the sanctity of judicial pronouncements;
III. Issue any other appropriate writ, order, or direction in the nature of Mandamus, directing Respondent No. 1 to initiate immediate, appropriate, and exemplary administrative and/or disciplinary proceedings against the defaulting public officials, namely Respondent Nos. 4 to 6, for their willful neglect, dereliction of statutory duty, and continued failure to comply with a binding judicial order, thereby causing unwarranted delay and obstruction in the lawful enforcement of the Petitioner's rights under the SARFAESI Act, 2002;"
In the present writ petition, an order under Section 14 of the SARFAESI ACT, 2002 has been passed on 27.08.2024. However, the counsel appearing on behalf of the petitioner submits that till date the authorities have not taken any steps for providing possession of the said property to the secured creditor. It is to be further noted that a Section 17 application has been filed by the borrower who is appearing before us and the Debt Recovery Tribunal has directed that before taking possession, the secured creditor should give fifteen days' prior notice to the borrower.
In light of the above, the authority concerned is directed to fix a date for taking possession of the property, keeping in view that a fifteen days' prior notice is required to be given by the secured creditor to the borrower and thereafter act in accordance with law and take possession of the property.
Once the possession is taken by the Chief Judicial Magistrate concerned with the help of the S.H.O. concerned, the said possession should be handed over to the secured creditor in accordance with law.
This exercise is directed to be completed within a period of eight weeks from date.
With the above directions, the writ petition is disposed of.
Order Date :- 21.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.]