Madhya Pradesh High Court
Iifl Home Finance Limited (Previously ... vs Additional District Magistrate on 9 July, 2022
Author: Sujoy Paul
Bench: Sujoy Paul, Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUJOY PAUL
&
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 9th OF JULY, 2022
WRIT PETITION No. 12502 of 2022
Between:-
IIFL HOME FINANCE LIMITED (PREVIOUSLY
KNOWN AS INDIA INFOLINE HOUSING
FINANCE LIMITED). A HOUSING FINANCE
COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956 HAVING ITS
REGISTERED OFFICE AT IIFL HOUSE, SUN
INFOTECH PARK, ROAD NO.16V, PLOT NO.B-23,
MIDC, THANA INDUSTRIAL AREA WAGLE
ESTATE, THANA 400604 AND BRANCH OFFICE
AT PLOT NUMBER 81, 1ST FLOOR, ZONE 2 MP
NAGAR BHOPAL MADHYA PRADESH - PIN
462011, REPRESENTED BY ITS AUTHORIZED
OFFICER-NEELESH KUMAR PANDEY, SON OF
SHRI JAGDISH PRASAD AGED ABOUT 35 YEARS,
OCCUPATION-SERVICE, ADDRESS-INDIA
INFOLINE FINANCE LIMITED (IIFL) BRANCH
OFFICE-SHASTRI BRIDGE ROAD, NAPIER
TOWN, JABALPUR MADHYA PRADESH 482002.
.....PETITIONER
(BY SHRI ANAND SHUKLA - ADVOCATE )
AND
1. ADDITIONAL DISTRICT MAGISTRATE NORTH
BHOPAL R/O COLLECTOR OFFICE BHOPAL
(MADHYA PRADESH)
2. TEHSILDAR KOLAR, TEHSIL KOLAR DISTRICT
BHOPAL (MADHYA PRADESH)
3. MR. HITMAN SONI S/O SHRI TULA BAHADUR
S O N I R/O H.NO. 102 SIDHARTH APARTMENT
KOLAR ROAD BHOPAL MADHYA PRADESH
Signature Not Verified
SAN
462001 AND NATIONAL FERTILIZER LIMITED
A/A-2 OFFICE COMPLEX GAUTAM NAGAR
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.07.09 17:35:27 IST BHOPAL MADHYA PRADESH AND FLAT NO 11
CHINAR GLORY UPVAN DANISH NAGAR
2
MISROD TEHSIL HUZUR DISTRICT BHOPAL
AND FLAT NO. 14 M BLOCK SHEETAL DHAM
PLOT NO. FO 14 SURVEY NO. 160 SAMRDHA
MANDIDEEP ROAD BHOPAL (MADHYA
PRADESH) 462001.
4. MRS. GEETA SONI R/O H.NO. 102 SIDHARTH
APARTMENT KOLAR ROAD BHOPAL (MADHYA
PRADESH) 462001.
.....RESPONDENTS
(BY SHRI YOGESH DHANDE - GOVERNMENT ADVOCATE FOR
THE RESPONDENTS-STATE )
T h i s petition coming on for admission and consideration of I.A.
No.9258/2022-an application under Order 6 Rule 17 of CPC for amendment
in the petition this day, JUSTICE SUJOY PAUL passed the following:
ORDER
I.A. No.9258/2022-an application for amendment in the petition is taken up and in absence of opposition from the other side, I.A. No.9258/2022 is allowed.
The amendment be incorporated immediately, failing which Registry shall not issue certified copy of this order to the petitioner.
With the consent, the matter is heard finally.
The petitioner seeks execution of order of Additional District Magistrate dated 05.11.2018 (Annexure-P/1) passed in exercise of power under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act).
Learned Government Advocate for the State submits that said order deserves to be implemented provided said order is not stayed, annulled or modified by a Court of competent jurisdiction.
In this view of the matter, the petition is disposed off by directing the Signature Not Verified SAN Digitally signed by ASHISH KUMAR JAIN Date: 2022.07.09 17:35:27 IST respondent Nos.1 and 2 to implement the order dated 05.11.2018 expeditiously 3 preferably within a period of 45 days from the date of production of certified copy of this order provided said order dated 05.11.2018 is not stayed, annulled or modified by any Court of competent jurisdiction.
Accordingly, the petition is disposed off.
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
@shish
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.07.09 17:35:27 IST