Allahabad High Court
HDFC BANK LTD. (ERSTWHILE HDFC LTD.)versusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the respondent must comply with the directions of the Hinduja Housing Finance judgment and provide physical possession of the secured asset to the petitioner.
Summary
HDFC Bank Ltd. filed a writ petition under Article 226 seeking a mandamus directing the State respondent (No.3) to pass an order in SARFAESI proceedings (Case No. 5136/2021) and to hand over physical possession of the secured asset. The petition relied on the Supreme Court’s earlier decision in Hinduja Housing Finance Ltd. v. State of U.P., which laid down the procedure for such orders. The State’s standing counsel raised no objection to the petition being disposed of in line with that precedent. The Court held that the respondent must comply with the directions of the Hinduja case and grant possession to the petitioner. Accordingly, the petition was disposed with a specific direction to the respondent to provide physical possession of the secured asset.
Issues considered
- Whether the State respondent is bound to pass an order in the SARFAESI proceeding within the time‑frame prescribed by the earlier Hinduja Housing Finance judgment.
- Whether a writ of mandamus can be issued to compel the respondent to grant physical possession of the secured asset to the petitioner.
Legislation cited
- Constitution of India — s. 226
- SARFAESI Act, 2002 — s. 14
Subjects
- Writ of mandamus
- SARFAESI Act
- Physical possession
- Secured asset
- Article 226
- High Court of Allahabad
- Banking litigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17717 of 2026
Hdfc Bank Ltd. (Erstwhile Hdfc Ltd.)
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Shukla, Nilesh Kesharwani
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Petitioner is permitted to correct the name of district in the petition
forthwith.
2. Heard learned counsel for the petitioner and Sri Mukul Tripathi,
learned Standing Counsel for the State respondents.
3. By means of this petition filed under Article 226 of the Constitution,
petitioner has prayed for a writ of mandamus to direct the respondent no.
3 to pass appropriate order on the Case No. 5136/2021 (CNR No.
UPKN041309682021) "Housing Development Corporation Finance Ltd.
Vs AtishKumar and Others", filed (U/s 14 of the SARFAESI Act, 2002)
by the petitioner in the court of Addl. Chief Judicial Magistrate, Kanpur
Nagar in accordance with law, within stipulated period as directed by the
Hon'ble Court in a time bound manner in the light of the law laid down by
this Court in the case of M/s Hinduja Housing Finance Ltd. v. State of
U.P. and 3 others in Writ - C No.- 42608 of 2025 decided on 12th
January, 2026.
3. Learned Standing Counsel does not have any objection in the event
petition stands disposed of in terms of the order passed in the case of M/s
Hinduja Housing Finance Ltd. (supra).
4. In view of the above, we dispose of this petition with a direction to the
respondent no. 3 to provide physical possession of the secured asset to the
petitioner in the light of directions issued by this Court in the case of M/s
WRIC No. 17717 of 2026
2
Hinduja Housing Finance Ltd. (supra).
5. It is expected from said authority that it is strictly adhering to the
directions of this Court in the said case in this matter as well.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 6, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
Checking your session…