Madhya Pradesh High Court
Iifl Home Finance Limited Through Its ... vs The State Of Madhya Pradesh on 17 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:26660
1 WP-40320-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 17th OF OCTOBER, 2025
WRIT PETITION No. 40320 of 2025
IIFL HOME FINANCE LIMITED THROUGH ITS AUTHORISED
OFFICER BALVEER YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Sharma-Advocate for petitioner.
Shri Ankur Mody-AAG for respondents/State.
ORDER
Per: Justice Anand Pathak The present petition is preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs :-
i) That, the DM, Datia, may be directed to act in accordance with section 14 of the SARFAESI Act and the directions issued by Hon'ble Highcourt in W.P. No. 26176/2023 & MP No.6395/2024 and dispose the same within the stipulated time limit.
ii) any other relief deemed fit and expedient in the facts of the case may also be granted to the petitioner,
2 . At the outset, counsel for petitioner informs this Court that petitioner is a secured creditor and filed an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for brevity, 'the SARFAESI Act') before DM, Datia Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 17-10-2025 16:56:31 NEUTRAL CITATION NO. 2025:MPHC-GWL:26660 2 WP-40320-2025 in the month of July, 2025. The matter has not been decided and is kept pending, which is the bone of contention.
3. He also raised the point that many such matters are pending at the instance of secured creditors before DM Court and they are awaiting disposal.
4. According to counsel for petitioner, as per Section 14 of the SARFAESI Act, such application under Section 14 the SARFAESI Act is to be decided within 60 days as an outer limit. Here much time has been consumed and the matter is still at initial stage. Learned counsel for petitioner also refers order dated 23.11.2023 passed in W.P. No.26176/2023 (Equitas Small Finance Bank Ltd. Vs. the State of M.P.) & order dated 27/11/2024 passed in M.P. No.6395/2024 (Cholamandalam Investment and Finance Company Ltd. Through its Authorized Officer Ravi Sahu Vs. Indal Singh and others) to bolster his submission.
5 . After perusal of Section 14 of the SARFAESI Act and the orders passed in the cases of Equitas Small Finance Bank Ltd. (Supra) & Cholamandalam Investment and Finance Company Ltd. Through its Authorized Officer Ravi Sahu (Supra) , it appears that concerned courts have to decide the applications under Section 14 of the SARFAESI Act within 60 days as an outer limit. Said orders in Equitas Small Finance Bank Ltd. (Supra) & Cholamandalam Investment and Finance Company Ltd. Through its Authorized Officer Ravi Sahu (Supra) were circulated to all DM/ADM/CJM Courts through the Registrar General of this Court.
6. It is expected that the concerned Authority/DM shall rise to the Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 17-10-2025 16:56:31 NEUTRAL CITATION NO. 2025:MPHC-GWL:26660 3 WP-40320-2025 occasion and would proceed in accordance with law as per the statute and spirit of the order as echoed in case of Equitas Small Finance Bank Ltd. (Supra) & Cholamandalam Investment and Finance Company Ltd. Through its Authorized Officer Ravi Sahu (Supra).
7 . The instant petition stands disposed of, accordingly.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 17-10-2025
16:56:31