Allahabad High Court
INDIA SHELTER FINANCE CORPORATION LTDversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court held that, in the absence of any legal impediment, the respondents must comply with the SARFAESI order and take physical possession of the mortgaged property as directed.
Summary
The petitioners, India Shelter Finance Corporation Ltd., sought a writ of mandamus directing the respondents to ensure physical possession of a mortgaged property after an order under Section 14 of the SARFAESI Act was passed by the Additional District Magistrate. The petition argued that the authorities should comply with the order dated 08‑04‑2026 expeditiously. The Court, after hearing counsel and with the parties’ consent, examined whether any legal impediment existed to enforcing the SARFAESI order. Finding none, the Court directed the respondents to comply with the possession order within a reasonable time. The petition was disposed with the said direction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the respondents to ensure actual physical possession of the mortgaged property under Section 14(1A) of the SARFAESI Act
- Whether any legal impediment exists to the enforcement of the order passed by the Additional District Magistrate
Legislation cited
- SARFAESI Act, 2002 — s. 14, 14(1A)
Subjects
- SARFAESI Act
- mandamus
- possession
- mortgage
- secured loan
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35322 of 2026
India Shelter Finance Corporation Ltd
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Shukla, Nilesh Kesharwani,
Sanjay Kumar Pandey
Counsel for Respondent(s) : G.A.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Present petition has been filed, inter-alia, with the following prayer:-
"A. A writ, order or direction in the nature of mandamus directing the respondent no. 2 & 4
to ensure actual physical possession of the secured mortgaged property i.e. "All Piece and
Parcel of Property Bearing Khata No. 237 Min, area measuring 450 Sq. Yds, Gram Rouni,
Kasna or Sikandrabad Road, Pargana Dankaur, Post Bilaspur, Greater Noida, Tehsil and
District Gautam Buddh Nagar, Uttar Pradesh 203131" as ordered by the respondent no. 3
i.e. Additional District Magistrate (F & R), District Gautam Buddh Nagar on Dated
08.04.2026 in Case No. 693 2026 (Computerize Case No. D202611270000693) "India
Shelter Finance Corporation Ltd. vs. Mrs. Preeti and Other." (Passed U/S 14 of the
SARFAESI Act, 2002) to the petitioner, as contemplated under Section 14(1A) of the
SARFAESI Act, 2002 within a period as directed by this Hon'ble Court."
2. It is argued by the learned Standing Counsel that the authorities will
comply with the order dated 08.04.2026 expeditiously.
3. Having heard learned counsel for the parties and with the consent of the
parties, the writ petition is disposed of with direction to the respondent
nos. 2 and 4 to comply with the aforesaid order expeditiously, unless there
is no legal impediment.
(Vivek Saran,J.) (Prakash Padia,J.)
September 8, 2026
gp
Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad
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