Allahabad High Court

M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITEDversusSTATE OF U.P. AND 3 OTHERS

Decided: 29 September 2026
Bench: VIVEK SARAN PRAKASH PADIA

Holding

The High Court directed the District Magistrate, Firozabad, to decide the petitioner's SARFAESI Act Section 14 application within two months of the order.

Summary

The petitioner, M/s Cholamandalam Investment and Finance Company Limited, filed a writ petition seeking a direction to the District Magistrate, Firozabad, to decide its application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. The application had been filed on 1 October 2026, but no decision had been rendered. The State, represented by its standing counsel, contended that the magistrate would decide the matter expeditiously. The Court, after hearing both sides, ordered that the District Magistrate must decide the application within two months of the certified copy of the order, provided no legal impediment exists. The petition was consequently disposed of with the directive for prompt adjudication.

Issues considered

Whether the delay by the District Magistrate in deciding a SARFAESI Act Section 14 application warrants judicial intervention.
Whether the High Court can prescribe a specific time‑frame for the District Magistrate to decide the application.

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 14

Subjects

SARFAESI Act
Section 14
writ petition
district magistrate
expeditious decision
financial assets
enforcement of security interest

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 39548 of 2026


                                    M/S Cholamandalam Investment And Finance
                                    Company Limited                                                 .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Ramesh Kumar Shukla
                                    Counsel for Respondent(s)                     :   C.S.C.

                                    Court No. - 5
                                                         HON'BLE PRAKASH PADIA, J.
                                                         HON'BLE VIVEK SARAN, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the State-Respondents and perused the record.

                                    2. The only prayer has been made by learned counsel for the petitioner is to
                                    direct the respondent no.2/District Magistrate, Firozabad to decide the
                                    application submitted by the petitioner under Section 14 of Securitization
                                    and Reconstruction of Financial Assets and Enforcement of Security Interest
                                    Act, 2002 expeditiously.

                                    3. It is argued that though the application submitted by the petitioner under
                                    Section 14 of SARFAESI Act, 2002 was filed on 1.10.2026 before the
                                    respondent no.2/District Magistrate, Firozabad but till date no decision has
                                    been taken, hence the present writ petition.

                                    4. On the other hand it is argued by the learned Standing Counsel that
                                    the respondent no.2/District Magistrate, Firozabad will decide the aforesaid
                                    case expeditiously.

                                    5. In this view of the matter and in the interest of justice, the present petition
                                    is finally disposed of directing the respondent no.2/District Magistrate,
                                    Firozabad to decide the application filed by the petitioner under section 14 of
                                    the SARFAESI Act, 2002 expeditiously preferably within a period of two
                                    months from the date of production of certified copy of this order in
                                    accordance with law, provided there is no legal impediment.


                                                                            (Vivek Saran,J.) (Prakash Padia,J.)
                                    September 30, 2026
                                    Gaurav Kuls




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad

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