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may 2026

Punjab and Haryana High Court · 2026-05-06

ADITYA BIRLA HOUSING FINANCE LTD vs STATE OF PUNJAB AND OTHERS

Citation / case number
CWP 13923/2026
Court
Punjab and Haryana High Court
Petitioner
ADITYA BIRLA HOUSING FINANCE LTD
Respondent
STATE OF PUNJAB AND OTHERS
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Judgment text excerpt

CWP-13923-2026 (O&M) - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 149 CWP-13923-2026 (O&M) Date of decision: 06.05.2026 ADITYA BIRLA HOUSING FINANCE LTD ....PETITIONER VERSUS STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. Nakul Sharma, Advocate for the petitioner. Mr. Raghav Goel, A.A.G. Punjab. ***** SUVIR SEHGAL J.(ORAL) 1. This writ petition has been filed inter alia for issuance of a writ in the nature of mandamus directing Chief Judicial Magistrate, Kapurthala to decide the application, Annexure P-5, filed by petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’). 2. Counsel for the petitioner submits that respondents No.3 and 4 had availed a loan facility from the petitioner-financial institution and had mortgaged immovable property. Counsel asserts that due to continuous default in repayment, loan account was classified as NPA on 01.06.2025. A notice under Section 13(2) of SARFAESI Act was issued on 19.06.2025 (Annexure P-3), followed by a notice under Section