Himachal Pradesh High Court
CWP/17250/2026 of BANK OF INDIA Vs THE DISTRICT MAGISTRATE SOLAN AND OTHERS on 30 September 2026
COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17250 of 2026 Decided on : 30.09.2026 Bank of India ...Petitioner Versus The District Magistrate, Solan and Ors. …Respondents. Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17250 of 2026 Decided on : 30.09.2026 Bank of India
...Petitioner Versus The District Magistrate, Solan and Ors.
…Respondents.
Coram
Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjiv Gupta, Advocate, through video conferencing.
For the respondent(s) : Mr. Gobind Korla, Additional Advocate General, for respondents No.1 to 3/State.
Mr. Kunal Thakur, Advocate, for respondents No.4 to 6.
G.S. Sandhawalia, Chief Justice (Oral)
The present petition has been preferred seeking enforcement/compliance of order dated 12.08.2026 (Annexure P-3) passed by respondent No.1-District Magistrate, Solan, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’).
1Whether the reporters of the local papers may be allowed to see the Judgment? Yes
2. A perusal of the paper-book would go on to show that, apparently, the said order was passed on account of the outstanding dues i.e., Rs.12,91,93,273.52/- (Rupees Twelve Crores Ninety One Lakhs Ninety Three Thousand Two Hundred Seventy Three and Paise Fifty-Two only).
3. A perusal of order dated 03.09.2026 (Annexure P-5) would go on to show that the Tehsildar had fixed the date as 17.09.2026 for the delivery of possession to the Bank. However, as per subsequent communication dated 15.09.2026 (Annexure P-6), the said date now stands fixed for 05.10.2026.
4. In such circumstances, we are of the considered opinion that respondent No.2 shall take effective steps to implement the order dated 12.08.2026 (Annexure P-3) passed by respondent No.1, on the date already fixed.
5. Needless to say, that the private respondents/borrowers are at liberty to challenge the securitization proceedings before the appropriate Forum, if not already done, and this order shall not stand in the way of the appropriate Forum granting any protection to the private respondents, in accordance with law.
6. Accordingly, the writ petition stands disposed of with the aforesaid directions, so also the pending miscellaneous application(s), if any.
(G.S. Sandhawalia) Chief Justice
(Bipin Chander Negi) Judge 30th September, 2026 (Gaurav Rawat)