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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

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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