Madhya Pradesh High Court
Capri Global Housing Finance Limited ... vs The State Of Madhya Pradesh on 27 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 27 th OF FEBRUARY, 2024
WRIT PETITION No. 2078 of 2023
BETWEEN:-
1. IIFL HOME FINANCE LTD.,
HAVING ITS REGISTERED OFFICE AT IIFL HOUSE,
SUN INFOTECH PARK ROAD NO.16 V, PLOT NO.B-
23, MIDC, THANE INDUSTRIAL AREA, WAGLE
ESTATE, THANE (MAHARASHTRA) 400604
THROUGH ITS AUTHORIZED OFFICER BALBER
YADAV S/O SHRI SOBERAN SINGH YADAV AGE-49
YEARS OCCUPATION- MANAGER (AUTHORIZED
OFFICER) IN IIFL HOME FINANCE LTD. OFFICE AT
GROUND FLOOR D-1 BASANT VIHAR COLONY,
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH, THROUGH
THE PRINCIPAL SECRETARY, DEPARTMENT OF
HOME VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR
DISTRICT GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR TEHSIL MORAR CIRCLE GWALIOR ,
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENT/STATE)
WRIT PETITION No. 7906 of 2023
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
2
BETWEEN:-
FIRM M/S GIRRAJ COLLECTION THROUGH ITS
PROPRIETOR MAHESH UPADHYAY S/O SHRI
DEENDAYAL UPADHYAY, AGED ABOUT 51 YEARS,
OCCUPATION: BUSINESS R/O 12 ASHOK COLONY
TANSEN NAGAR, DISTRICT GWALIOR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI R.K. SONI - ADVOCATE)
AND
1. INDIAN BANK (EARLIER ALLAHABAD BANK)
THROUGH AREA MANAGER MAIN BRANCH
S.D.M. ROAD, DISTRICT GWALIOR (MADHYA
PRADESH)
2. INDIAN BANK (EARLIER ALLAHABAD BANK)
THROUGH BRANCH MANAGER MAIN BARNCH
S.D.M. ROAD, DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
WRIT PETITION No. 10652 of 2023
BETWEEN:-
HDFC BANK LTD HAVING ITS REGISTERED OFFICE
HDFC BANK HOUSE SENAPATI BAGPAT MARG, LOWER
PAREL MUMBAI, 400021
THROUGH ITS AUTHORIZED OFFICER- CHINMAY
PATHAK S/O SHRI B.P. PATHAK, AGE-37 YEARS,
OCCUPATION- SERVICE AS LEGAL MANAGER, HDFC
BANK LTD, HAVING OFFICE AT HDFC BANK, CITY
CENTER, GWALIOR, M.P.
.....PETITIONER
(BY SHRI AJAY SHARMA- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL MP (MADHYA
PRADESH)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
3
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILD AR TEHSIL CITY CENTER, DISTRICT
GWALIOR (MADHYA PRADESH)
4. AMIT DEEWAN S/O SHRI KISHAN BIHARI
DEEWAN R/O - B-23, RAJENDRA PRASAD COLONY,
NEAR GOVT. HOSPITAL DABRA DISTRICT
GWALIOR, M.P.
5. SHRI KISHAN BIHARI DEEWAN S/O SHRI
SHARMAN DWWAN OCCUPATION: . R/O FLAT NO.
S-302, SURI NAGAR, GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 17203 of 2023
BETWEEN:-
INDIA SHELTER FINANCE CORPORATION LIMITED.
HAVING ITS REGISTERED OFFICE AT PLOT NO.15, 6TH
LEVEL, SECTOR 44, GURUGRAM, HARYYANA, 122002.
HAVING BRANCH OFFICE AT PLOT NO.40, GROUND
FLOOR, GANPATI PLAZA, BEHIND SALASAR MALL,
CITY CENTER, GWALIOR, (M.P.)
THROUGH ITS AUTHORIZED OFFICER ALOK KUMAR
SHARMA S/O SHRI PRABHAT KISHORE SHARMA AGE
43 YEARS, OCCUPATION SENIOR LEGAL MANAGER IN
INDIA SHELTER FINANCE CORPORATION LIMITED.
.....PETITIONER
(BY SHRI AJAY SHARMA- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
HOME, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR
DISTRICT GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT
GWALIOR (MADHYA PRADESH)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
4
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 17261 of 2023
BETWEEN:-
IIFL HOME FINANCE LIMITED,
HAVING ITS REGISTERED OFFICE AT IIFL HOUSE SUN
INFOTECH PARK ROAD NO 16 V PLOT NO B-23 MIDC
THANE INDUSTRIAL AREA, WAGLE ESTATE THANE
MAHARASHTRA 400604 THROUGH ITS AUTHORISED
OFFICER BALBER YADAV S/O SHRI SOBERAN SINGH
YADAVAGE 49 YEARS, OCCUPATION MANAGER
(AUTHORISED OFFICER) IN IIFL HOME FINANCE
LIMITED OFFICE AT GROUND FLOOR D-1, BASANT
VIHAR COLONY , GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE- CUM COLLECTOR
GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL BAHODAPUR CIRCLE),
DISTRICT GWALIOR (MADHYA PRADESH)
4. SOORAJ VERMA S/O SHRI JAGDISH PRASAD
5. JAGDISH PRASAD S/O SHRI RAMDAYAL
6. VIMLA DEVI VIJRONIYA W/O SHRI JAGDISH
PRASAD
ALL R/O -C/O MUNNI DEVI HOUSE NO.65, C
BLOCK, TANSEN NAGAR , NEAR TIKONIYA PARK,
GWALIOR (MADHYA PRADESH)
AND
SURVEY NO.316/1, WARD NO.7, VILLAGE
JAGNAPURA, HALKA NO.56, BAHODAPUR,
GWALIOR, M.P.
.....RESPONDENTS
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
5
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 17266 of 2023
BETWEEN:-
IIFL HOME FINANCE LIMITED,
HAVING ITS REGISTERED OFFICE AT IIFL HOUSE SUN
INFOTECH PARK ROAD NO 16 V, PLOT NO B-23 MIDC,
THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE
MAHARASHTRA 400604
THROUGH ITS AUTHORISED OFFICER BALBER YADAV
S/O SHRI SOBERAN SINGH YADAV AGE 49 YEARS,
OCCUPATION MANAGER (AUTHORISED OFFICER) IN
IIFL HOME FINANCE LIMITED, OFFICE AT GROUND
FLOOR D-1, BASANT VIHAR COLONY, GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL HAZIRA CIRCLE), DISTRICT
GWALIOR (MADHYA PRADESH)
4. VIJAYA SINGH W/O SHRI ASHUTOSH JADON
5. ASHUTOSH JADON S/O SHRI RAKESH PAL JADON
BOTH R/O C/O SMT. SUSHMA, GANESH COLONY,
CHAR SHAHAR KA NAKA, INFRONT OF MOTHER
TERESA PUBLIC SCHOOL, GWALIOR
AND
PLOT NO. 7, RADHA VIHAR, VILLAGE
MOHAMMADPUR, (PART OF SURVEY NO.101/MIN-
1, 102, 103/MIN-1, 104/MIN-1, 107, 108, 109, 111, 112,
113) GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE AND SHRI ARSHAD ALI - ADVOCATE
FOR RESPONDENTS NO.4 AND 5)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
6
WRIT PETITION No. 17268 of 2023
BETWEEN:-
IIFL HOME FINANCE LIMITED,
HAVING ITS REGISTERED OFFICE AT IIFL HOUSE SUN
INFOTECH PARK ROAD NO 16 V, PLOT NO B-23 MIDC,
THAN E INDUSTRIAL AREA, WAGLE ESTATE, THANE
MAHARASHTRA 400604
THROUGH ITS AUTHORISED OFFICER BALBER YADAV
S/O SHRI SOBERAN SINGH YADAV AGE 49 YEARS,
OCCUPATION MANAGER (AUTHORISED OFFICER) IN
IIFL HOME FINANCE LIMITED, OFFICE AT GROUND
FLOOR D-1, BASANT VIHAR COLONY, GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL BAHODAPUR CIRCLE)
DISTRICT GWALIOR , (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENT/STATE)
WRIT PETITION No. 17275 of 2023
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFFICER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
7
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL LASHKAR CIRCLE)
DISTRICT GWALIOR, (MADHYA PRADESH)
4. SIDDIK MOHAMMAD RAYEEN S/O LATE SHRI
WAZIR MOHAMMAD, AGED ABOUT 61 YEARS,
R/O OPP. DR. AHUJA, MADHOGANJ LASHKAR,
GWALIOR (MADHYA PRADESH)
5. MRS. MEHARUNNISA RAYEEN W/O SHRI SIDDIK
MOHAMMAD RAYEEN, AGED ABOUT 58 YEARS,
R/O OPP. DR. AHUJA, MADHOGANJ LASHKAR,
GWALIOR (MADHYA PRADESH)
6. VIKAR MOHAMMAD RAYEEN S/O LATE SHRI
WAZIR MOHAMMAD, AGED ABOUT 50 YEARS R/O
O P P . DR. AHUJA, MADHOGANJ LASHKAR,
GWALIOR (MADHYA PRADESH),
7. FAZAL MOHAMMAD RAYEEN S/O LATE SHRI
WAZIR MOHAMMAD, AGED ABOUT 51 YEARS R/O
O P P . DR. AHUJA, MADHOGANJ LASHKAR,
GWALIOR (MADHYA PRADESH),
.....RESPONDENTS
(BY SHRI M.P.S RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENT NO.1 TO 3/STATE. )
WRIT PETITION No. 17288 of 2023
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
8
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFFICER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL LASHKAR CIRCLE)
DISTRICT GWALIOR, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENTS/STATE)
WRIT PETITION No. 17292 of 2023
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
9
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT
GWALIOR, (MADHYA PRADESH)
4. VINOD KUMAR SONI S/O LATE SHRI
HARIPRAKASH SONI
5. SMT. KALPANA SONI D/O LATE SHRI
HARIPRAKSH SONI
BOTH R/O SINGHAPUR ROAD-1 NIRALA NAGAR,
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENTS NO.1 TO 3/STATE)
WRIT PETITION No. 17295 of 2023
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFFICER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
10
3. TEHSILDAR (TEHSIL CITY CENTER CIRCLE)
DISTRICT GWALIOR, (MADHYA PRADESH)
4. VINOD SINGH JADON S/O SHRI NATHU SINGH
5. SMT. BADAMI JADON W/O SHRI NATHU SINGH
6. SMT. REENA JADON W/O VINOD SINGH JADON
ALL R/O C-48, CHANAKYAPURI, VILLAGE MEHRA,
WARD NO.60, GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS NO.1 TO 3/STATE AND SHRI JITENDRA KUMAR
SHARMA - ADVOCATE FOR RESPONDENTS NO.4 AND 5 )
WRIT PETITION No. 17298 of 2023
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL LASHKAR CIRCLE)
DISTRICT GWALIOR, (MADHYA PRADESH)
4. KANHAIYALAL AGRAWAL S/O SHRI RAMJIDAS
AGRAWAL
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
11
5. SMT. MEENU AGRAWAL W/O SHRI KANHAIYALAL
AGRAWAL
6. M/S BRAJWASI RESSTAURANT THROUGH PROP.
KANHAIYALAL AGRAWAL
ALL R/O BRAJWASI NIWAS, NEW SARAFA,
DANAOLI, LASHKAR, GWALIOR M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENTS NO.1 TO 3/STATE AND SHRI H.K. SHUKLA-
ADVOCATE FOR RESPONDENTS NO.4 AND 5 )
WRIT PETITION No. 17371 of 2023
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JANSHI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL BAHODAPUR CIRCLE)
DISTRICT GWALIOR, (MADHYA PRADESH)
4. DHEERENDRA SINGH KUSHWAH S/O SHRI
BASUDEV KUSHWAH
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
12
5. SMT. MANORAMA KUSHWAH, W/O BASUDEV
KUSHWAH
6. SUKHDEV SINHG KUSHWAH S/O SHRI BASUDEV
KUSHWAH
7. SMT. SHOBHA KUSHWAH W/O DHEERENDRA
SINGH KUSHWAH
ALL R/O KOTESHWAR COLONY, KOTESHWAR
ROAD, GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENTS NO.1 TO 3/STATE AND SHRI AKRAM KHAN -
ADVOCATE FOR RESPONDENTS NO.4,6 &7)
WRIT PETITION No. 23586 of 2023
BETWEEN:-
PIRAMAL CAPITAL AND HOUSING FINANCE LTD
(PREVIOUSLY KNOWN AS DEWAN HOUSING FINANCE
CORPORATION LIMITED)
HAVING ITS REGISTERED OFFICE AT UNIT NO 601, 6TH
FLOOR, PIRAMAL AMITI BUILDING, AGASTYA
CORPORATE PARK, KAMANI JUNCTION, OPP. FIRE
STATION, LBS MARG, KURLA, WEST MUMBAI, 400070
HAVING BRANCH OFFICE AT PLOT NO.11, ORION
TOWER, NEAR LIC BUILDING, CITY CENTER,
GWALIOR, 474001.
THROUGH ITS AUTHORIZED OFFICER GAURAV
SHRIVASTAV, AGED ABOUT 35 YEARS, OCCUPATION:
MANAGER IN PIRAMAL CAPITAL AND HOUSING
FINANCE LTD.
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
HOME, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT
GWALIOR, (MADHYA PRADESH)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
13
4. ASHARAM SINGH S/O SHRI AUTAR SINGH
5. GEETA DEVI W/O SHRI ASHARAM SINGH
BOTH R/O D-BLOCK, ASTHA NAGAR,
ADITYAPURAM, BHIND ROAD, GWALIOR M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE )
WRIT PETITION No. 23605 of 2023
BETWEEN:-
PIRAMAL CAPITAL AND HOUSING FINANCE LTD
(PREVIOUSLY KNOWN AS DEWAN HOUSING FINANCE
CORPORATION LIMITED)
HAVING ITS REGISTERED OFFICE AT UNIT NO 601, 6TH
FLOOR, PIRAMAL AMITI BUILDING, AGASTYA
CORPORATE PARK, KAMANI JUNCTION, OPP. FIRE
STATION, LBS MARG, KURLA, WEST MUMBAI, 400070
HAVING BRANCH OFFICE AT PLOT NO.11, ORION
TOWER, NEAR LIC BUILDING, CITY CENTER,
GWALIOR, 474001.
T H R O U G H ITS AUTHORIZED OFFICER GAURAV
SHRIVASTAV, AGED ABOUT 35 YEARS, OCCUPATION:
MANAGER IN PIRAMAL CAPITAL AND HOUSING
FINANCE LTD.
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT
GWALIOR, (MADHYA PRADESH)
4. ASHISH TOMAR S/O JAGDISH TOMAR R/O PLOT
NO. T-1, 3RD FLOOR, MUNICIPAL NO. 217, WARD
NO. 25, SHREYA APARTMENT, SAURABH VIHAR
COLONY, MORAR, GWALIOR (MADHYA
PRADESH)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
14
.....RESPONDENTS
(BY SHRI MPS RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR
RESPONDENTS/STATE)
WRIT PETITION No. 24306 of 2023
BETWEEN:-
1. M/S BRIJWASI RESTAURANT THROUGH ITS
PROPRIETOR KANHAIYALAL AGRAWAL S/O SHRI
RAMJIDAS AGRAWAL, AGED ABOUT 47 YEARS,
OCCUPATION: BUUSINESS
2. SMT. MEENU AGRAWAL W/O SHRI KANHAIYALAL
AGRAWAL, AGED ABOUT 45 YEARS,
OCCUPATION: BUSINESS
ALL ARE R/O NEW SARAFA BRIJWASI NIVAS,
DANAOLI, LASHKAR, DISTRICT GWALIOR
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI H.K. SHUKLA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
REVENUE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. COLLECTOR GWALIOR DIST. GWALIOR
(MADHYA PRADESH)
3. TEHSILDAR TEHSIL GWALIOR DISTRICT
GWALIOR (MADHYA PRADESH)
4. CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LIMITED REGISTRED OFFICE OM
COMPLEX BEHIND JAI BHARAT PETROL PUMP,
NAKA CHANDRAVADNI, LASHKAR DIST.
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENTS NO.1 TO 3/STATE AND SHRI AJAY SHARMA -
ADVOCATE FOR RESPONDENT NO.4 )
WRIT PETITION No. 25523 of 2023
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
15
BETWEEN:-
IIFL HOME FINANCE LIMITED,
HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN
INFOTECH PARK ROAD NO. 16 V PLOT NO. B-23, MIDC,
THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE
(MAHARASHTRA) 400604
THROUGH ITS AUTHORISED OFFICER ASHOK AWASTHI
S/O SHRI GOPAL LAL AWASTHI AGE 42 YEARS
OCCUPATION MANAGER (AUTHORISED OFFICER) IN
IIFL HOME FINANCE LIMITED, OFFICE AT GROUNG
FLOOR, D-1, BASANT VIHAR COLONY, GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
REVENUE, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR, CIRCLE LASHKAR DISTRICT
GWALIOR, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENTS/STATE)
WRIT PETITION No. 26311 of 2023
BETWEEN:-
IIFL HOME FINANCE LIMITED,
HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN
INFOTECH PARK ROAD NO. 16 V, PLOT NO. B 23, MIDC,
THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE
(MAHARASHTRA) 400604
THROUGH ITS AUTHORISED OFFICER BALBER YADAV
S/O SHRI SOBERAN SINGH YADAV AGE 49 YEARS OCC.
MANAGER (AUTHORISED OFFICER) IN IIFL HOME
FINANCE LIMITED, OFFICE AT GROUNG FLOOR, D-1
BASANT VIHAR COLONY, GWALIOR (MADHYA
PRADESH)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
16
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
REVENUE, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GWALIOR (MADHYA PRADESH)
3. TEHSILDAR, CIRCLE LASHKAR, DISTRICT
GWALIOR, (MADHYA PRADESH)
4. KAPTAAN SINGH PARIHAR S/O SHRI NIRBHAY
SINGH PARIHAR
5. SONAM PARIHAR D/O SHRI KAPTAAN SINGH
PARIHAR
BOTH R/O 121-1 BILGAIYAN KA PURA NEW
SHEETLA COLONY SIKANDAR KAMPOO,
GWALIOR 474003
AND
SURVEY NO.461/1/2 VILLAGE GUDA, SIKANDAR
KAMPOO, LASHKAR, GWALIOR 474003 (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENT/STATE)
WRIT PETITION No. 26864 of 2023
BETWEEN:-
PUNJAB NATIONAL BANK BRANCH CITY CENTER,
GWALIOR THR. CHIEF MANAGER (AUTHORIZED
OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI
DHANJOO AHRIWAR AGED ABOUT 37 YEARS
OCCUPATION ; SERVICE ADDRESS C/O PUNJAB
NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE
BRANCH, GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN SURANGE - ADVOCATE)
AND
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
17
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR,
VALLABH BHAWAN-2, MANTRALAYA, ARERA
HILLS, BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT
GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR TEHSIL LASHKAR DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE )
WRIT PETITION No. 26865 of 2023
BETWEEN:-
PUNJAB NATIONAL BANK BRANCH CITY CENTER,
GWALIOR THR. CHIEF MANAGER (AUTHORIZED
OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI
DHANJOO AHRIWAR AGED ABOUT 37 YEARS
OCCUPATION; SERVICE ADDRESS C/O PUNJAB
NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE
BRANCH, GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN SURANGE - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR,
VALLABH BHAWAN-2, MANTRALAYA, ARERA
HILLS, BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT
GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR TEHSIL LASHKAR DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE. )
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
18
WRIT PETITION No. 26866 of 2023
BETWEEN:-
PUNJAB NATIONAL BANK BRANCH CITY CENTER,
GWALIOR THR. CHIEF MANAGER (AUTHORIZED
OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI
DHANJOO AHRIWAR AGED ABOUT 37 YEARS
OCCUPATION; SERVICE ADDRESS C/O PUNJAB
NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE
BRANCH, GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN SURANGE - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR,
VALLABH BHAWAN-2, MANTRALAYA, ARERA
HILLS, BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT
GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR TEHSIL LASHKAR DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE )
WRIT PETITION No. 26867 of 2023
BETWEEN:-
PUNJAB NATIONAL BANK BRANCH CITY CENTER,
GWALIOR THR. CHIEF MANAGER (AUTHORIZED
OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI
DHANJOO AHRIWAR AGED ABOUT 37 YEARS
OCCUPATION; SERVICE ADDRESS C/O PUNJAB
NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE
BRANCH, GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN SURANGE - ADVOCATE )
AND
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
19
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR,
VALLABH BHAWAN-2, MANTRALAYA, ARERA
HILLS, BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT
GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR TEHSIL LASHKAR DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE )
WRIT PETITION No. 26869 of 2023
BETWEEN:-
PUNJAB NATIONAL BANK BRANCH CITY CENTER,
GWALIOR THROUGH CHIEF MANAGER (AUTHORIZED
OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI
DHANJOO AHRIWAR AGED ABOUT 37 YEARS
OCCUPATION; SERVICE ADDRESS C/O PUNJAB
NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE
BRANCH, GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN SURANGE - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR,
VALLABH BHAWAN-2, MANTRALAYA, ARERA
HILLS, BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT
GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR TEHSIL LASHKAR DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE REPSPONDENTS/STATE)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
20
WRIT PETITION No. 26871 of 2023
BETWEEN:-
PUNJAB NATIONAL BANK BRANCH SARAFA BAZAR
LASHKAR GWALIOR THROUGH CHIEF MANAGER SHRI
MUKESH KUMAR AHIRWAR S/O SHRI DHANJOO
AHR IWAR , AGED ABOUT 37 YEARS OCCUPATION;
SERVICE ADDRESS C/O PUNJAB NATIONAL BANK, C-7
VATSAL MANSION, CITY CENTRE BRANCH, GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN SURANGE - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR,
VALLABH BHAWAN-2, MANTRALAYA, ARERA
HILLS, BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT
GWALIOR, (MADHYA PRADESH)
3. TEHSILDAR TEHSIL LASHKAR DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATGE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 30495 of 2023
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JANSHI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
21
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR,
DISTRICT GUNA (MADHYA PRADESH)
3. THE ADDITIONAL MAGISTRATE DISTRICT GUNA
(MADHYA PRADESH)
4. RITESH SAHU S/O SHRI KAILASH NARAYAN
SAHU
5. SMT. SAROJ SAHU W/O RITESH SAHU
6. RADHEYSHYAM SAHU S/O HAJARILAL SAHU
7. JAI BABA TRADING COMPANY THROUGH PRO.
RITESH SAHU
8. SMT. RAJKUMARI SAHU W/O SHRI RADHESHYAM
SAHU
RESPONDENTS NO. 4 TO 8 ARE R/O WARD NO. 6
BEHIND MANDI CAMPUS TAHSIL KUMBHRAJ
DISTRICT GUNA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE )
WRIT PETITION No. 31819 of 2023
BETWEEN:-
GRIHUM HOUSING FINANCE LIMITED (PREVIOUSLY
KNOWN AS POONAWALLA HOUSING FINANCE
LIMITED)
HAVING ITS REGISTERED OFFICE AT 602 6TH FLOOR,
ZERO ONE IT PARK, SURVEY NUMBER 79/1, GHORPADI,
MUNDHWA ROAD, PUNE MAHARASHTRA 411036
THROUGH ITS ATHORIZED OFFICER INDER SINGH
KUSHWAH S/O SHRI LAXMAN PRASAD KUSHWAHA,
AGED ABOUT 34 YEARS, OCCUPATION: LEGAL
MANAGER IN GRIHUM HOUSING FINANCE LIMITED,
OFFICE AT AHUJA, 2ND FLOOR, NAPIER TOWN, NEAR
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
22
KRISHNA HOTEL, INFRONT BHAVARTAL GARDEN
JABALPUR MP (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA - ADDVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY, DEPARTMENT OF HOME, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE-CUM-COLLECTOR
GWALIOR, DISRICT GWALIOR (MADHYA
PRADESH)
3. TEH S I LD A R DISTRICT GWALIOR (MADHYA
PRADESH)
4. ANIL DIXIT S/O SHRI HARPRASAD DIXIT
5. SMT MANORAMA DIXIT W/O SHRI ANIL DIXIT
RESPONDENTS NO. 4 AND 5 R/O VILLAGE UTILA,
MURAR, GIRD, DISTRICT GWALIOR (MADHYA
PRADESH)
AND
PART OF PLOT NO.59 AND 60, SURVEY NO.146
(OLD SURVEY NO.268) PATWARI HALKA NO.114,
VILLAGE KHARIGANWA, TEHSIL AND DISTRICT
GWALIOR.
.....RESPONDENTS
(BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 568 of 2024
BETWEEN:-
INDIAN BANK (FORMERLY KNOWN AS ALLAHABAD
BANK) BRANCH SANATAN DHARM MANDIR ROAD
(MAIN BRANCH) GWALIOR THROUGH CHIEF
MANAGER (AUTHORIZED OFFICER) SHRI LALIT
WADHWA S/O LATE SHRI SURENDRA KUMAR
WADHWA, AGED ABOUT 46 YEARS, OCCUPATION:
SERVICE ADDRESS INDIAN BANK, BRANCH SANATAN
DHARM MANDIR ROAD (MAIN BRANCH), LASHKAR
GWALIOR (MADHYA PRADESH)
.....PETITIONER
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
23
(BY SHRI PRAVEEN SURANGE- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR
VALLABH BHAWAN 2 MANTALAYA ARERA HILLS
BHOPAL (MADHYA PRADESH)
2. DIST. MAGISTRATE /COLLECTOR DISTT.
GWALIOR (MADHYA PRADESH)
3. TEHSILDAR, TEHSIL & DISTT. GWALIOR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MP.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR
THE STATE)
WRIT PETITION No. 573 of 2024
BETWEEN:-
INDIAN BANK (FORMERLY KNOWN AS ALLAHABAD
BANK) BRANCH SANATAN DHARM MANDIR ROAD
(MAIN BRANCH) GWALIOR THROUGH CHIEF
MANAGER (AUTHORIZED OFFICER) SHRI LALIT
WADHWA S/O LATE SHRI SURENDRA KUMAR
WADHWA, AGED ABOUT 46 YEARS, OCCUPATION:
SERVICE ADDRESS INDIAN BANK, BRANCH SANATAN
DHARM MANDIR ROAD (MAIN BRANCH), LASHKAR
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN SURANGE- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY MADHYA PRADESH
REVENUE DEPARTMENT, GROUND FLOOR
VALLABH BHAWAN 2 MANTALAYA ARERA HILLS
BHOPAL (MADHYA PRADESH)
2. DIST. MAGISTRATE /COLLECTOR DISTT.
GWALIOR (MADHYA PRADESH)
3. TEHSILDAR, TEHSIL & DISTT. GWALIOR
(MADHYA PRADESH)
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
24
.....RESPONDENTS
(BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR THE STATE)
WRIT PETITION No. 869 of 2024
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JANSHI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI RAHUL YADAV- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. DISTRICT MAGISTRATE CUM COLLECTOR
GWALIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL LASHKAR CIRCLE), DISTT.
GWALIOR (MADHYA PRADESH)
4. BRIJESH RAI S/O SARNAM SINGH RAI R/O A-7/729,
ANAND NAGAR, HANUMAN MANDIR GALI,
GWALIOR (MADHYA PRADESH)
5. PANKAJ RAY S/O SARNAM SINGH RAI R/O A-
7/729, ANAND NAGAR, HANUMAN MANDIR GALI,
GWALIOR (MADHYA PRADESH)
6. PREMVATI RAI W/O SARNAM SINGH RAI R/O A-
7/729, ANAND NAGAR, HANUMAN MANDIR GALI,
GWALIOR (MADHYA PRADESH)
7. SARMAN SINGH RAI S/O SHRI KHUMAN SINGH
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
25
R/O A-7/729, ANAND NAGAR, HANUMAN MANDIR
GALI, GWALIOR (MADHYA PRADESH)
8. M/S RAI STONE CRUSHER R/O TANSEN TAKIS KE
PASS GHAS MANDIR, GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR RESPONDENTS/STATE)
WRIT PETITION No. 1841 of 2024
BETWEEN:-
BANK OF BARODA BRANCH R.O.S.A.R.B THROUGH ITS
AUTHORIZED OFFICER BHIM DATT SHARMA AGE 43
OCCUPATION CHIEF MANAGER, CITY CENTER
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RANJEET KHANVILKAR- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HOME DEPARTMENT,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRETE CUM COLLECTOR,
NEW COLLECTOR OFFICE OHADPUR CITY
CENTER DISTRICT GWALIOR (MADHYA
PRADESH)
3. SHRI SHIDHI VINAYAK AGRO TECH AND ALLIED
INDUSTRIES THROUGH ITS PARTNERS HAVING
ITS REGISTERED ADRESS AT 12A RATAN COLONY
JIWAJIGANJ LASHKAR GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 2630 of 2024
BETWEEN:-
CAPRI GLOBAL HOUSING FINANCE LIMITED
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
26
HAVING ITS REGISTERED OFFICE AT 502, TOWER-A
PENINSULA BUSINESS PARK, SENAPTI BAPAT ROAD,
LOWER PAREL, MUMBAI, 400013, (MAHARASHTRA)
HAVING BRANCH OFFICE AT 2ND FLOOR, VASUDHARA
TOWER, BEHIND S.P. OFFICE, CITY CENTER, GWALIOR
(MADHYA PRADESH)
THROUGH ITS AUTHORIZED OFFICER SANDEEP DIXIT
S/O LATE SHRI S.R.DIXIT, AGE 38 YEARS, OCCUPATION
LEGAL MANAGER IN CAPRI GLOBAL HOUSING
FINANCE LIMITED, M.P. NAGAR BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
REVENUE, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE ADDITIONAL DIST. MAGISTRATE DISTT.
VIDISHA (MADHYA PRADESH)
3. TEHSILDAR, TEHSIL GANJBASODA DISTT.
VIDISHA (MADHYA PRADESH)
4. SACHENDRA VISHWAKARMA S/O SHRI
JAIKISHAN VISHWAKARMA
5. JAIKISHAN VISHWAKARMA S/O SHRI GANPAT
VISHWAKARMA
6. PUSHPA BAI W/O SHRI JAIKISHAN
VISHWAKARMA
RESPONDENTS NO.4 TO 6 R/O PLOT NO. 369/16
PATWARI HALKA NO 42 WARD NO. 6
CHARKHAMBA GANJBASODA DISTT. VIDISHA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 2643 of 2024
BETWEEN:-
CAPRI GLOBAL HOUSING FINANCE LIMITED
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
27
HAVING ITS REGISTERED OFFICE AT 502, TOWER-A
PENINSULA BUSINESS PARK, SENAPTI BAPAT ROAD,
LOWER PAREL, MUMBAI, 400013, (MAHARASHTRA)
HAVING BRANCH OFFICE AT 2ND FLOOR, VASUDHARA
TOWER, BEHIND S.P. OFFICE, CITY CENTER, GWALIOR
(MADHYA PRADESH)
THROUGH ITS AUTHORIZED OFFICER SANDEEP DIXIT
S/O LATE SHRI S.R.DIXIT, AGE 38 YEARS, OCCUPATION
LEGAL MANAGER IN CAPRI GLOBAL HOUSING
FINANCE LIMITED, M.P. NAGAR BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
REVENUE, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. ADDITIONAL DISTRICT MAGISTRATE DISTT.
GUNA (MADHYA PRADESH)
3. TEHSILDAR, TEHSIL CHACHAUDA, DISTT. GUNA
(MADHYA PRADESH)
4. MAHENDRA SINGH S/O HAJARILAL ODHA
5. SMT MULLI BAI W/O MAHENDRA SINGH
RESPODNENTS NO.4 & 5 R/O SURVEY NO. 207/2,
PATWARI HALKA NO. 38, VILLAGE PENCHI,
TEHSIL CHACHAUDA, DISTT. GUNA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 2653 of 2024
BETWEEN:-
IIFL HOME FINANCE LIMITED,
HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN
INFOTECH PARK ROAD NO. 16 V PLOT NO. B-23, MIDC,
THAN E INDUSTRIAL AREA, WAGLE ESTATE, THANE
(MAHARASHTRA) 400604
THROUGH ITS AUTHORISED OFFICER ASHOK AWASTHI
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
28
S/O SHRI GOPAL LAL AWASTHI AGE 42 YEARS
OCCUPATION MANAGER (AUTHORISED OFFICER) IN
IIFL HOME FINANCE LIMITED, OFFICE AT GROUNG
FLOOR, D-1, BASANT VIHAR COLONY, GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJAY SHARMA- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
HOME, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE DISTRICT MAGISTRATE CUM COLLECTOR
DISTT. GWALIOR (MADHYA PRADESH)
3. TEHSILD AR (TEHSIL MORAR CIRCLE) DISTT.
GWALIOR (MADHYA PRADESH)
4. NITIN KUMAR JAIN S/O SHRI SURESH KUMAR
JAIN
5. BHAVIKA JAIN W/O SHRI NITIN KUMAR JAIN
RESPONDENTS NO.4 & 5 R/O HN 13,
RADHAPURAM COLONY ADITYA PURAM,
GWALIOR (MADHYA PRADESH)
AND
WARD NO.18, PART OF PLOT NO.71 & 72, PLOT
NO.7, MAHARAJPURA, GWALIOR (MADHYA
PRADESH)
6. M/S JAIN IRON AND STEEL FABRICATION
THROUGH PROPRIETOR NITIN KUMAR JAIN R/O
NEAR ADITYAJ PETROL PUMP, NEW
ADITYAPURAM, GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 3893 of 2024
BETWEEN:-
CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD,
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2,
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM
29
NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS
CHENNAI TAMILNADU 600001
HAVING BRANCH OFFICE AT 2ND FLOOR, OM,
COMPLEX, NAKA CHANDRIVADNI BEHIND JAI
BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P.
THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O
SHRI RADHEY SHYAM SAHU AGE 40 YEARS,
OCCUPATION MANAGER IN CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LTD
.....PETITIONER
(BY SHRI RAHUL YADAV- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DISTRICT MAGISTRATE CUM COLLECTOR
DISTT. GWALLIOR (MADHYA PRADESH)
3. TEHSILDAR (TEHSIL LASHKAR CIRCLE)
GWALIOR (MADHYA PRADESH)
4. BRAJMOHAN SINGH S/O RAMSWAROOP SINGH
5. SMT BRAHMABAI GURJAR W/O BRAJMOHAN
SINGH
6. DILIP SINGH S/O RAMSWAROOP SINGH
ALL ARE R/O 244 MEHRA OHADPUR, CITY
CENTRE GWALIOR (MADHYA PRADESH)
M/S MAA SHITLA ENTERPRISES THROUGH
7. BRAJMOHAN SINGH R/O NEAR ALKAPURI
YASHODHARA RESIDENCY OHADPUR, CITY
CENTRE, GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL
FOR THE RESPONDENTS/STATE)
These petitions coming on for admission this day, Justice Rohit Arya
passed the following:
ORDER
This batch of Writ Petitions at the instance of Creditors, Financial Institutions or Banks including Nationalized Banks has been filed under Article Signature Not Verified Signed by: AMAN TIWARI Signing time: 2/29/2024 11:04:29 AM 30 226/227 of the Constitution of India seeking writ of mandamus in the form of directions to the Collector or his delegatee either to pass orders on applications filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act') or for execution of the orders passed under Section 14 of the SARFAESI Act.
2. For ready reference, Section 14 of the SARFAESI Act is quoted below :
"Section 14: Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.- (1) Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him--
(a) take possession of such asset and documents relating thereto; and
(b) forward such assets and documents to the secured creditor:
Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that--
(i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application;
(ii) the borrower has created security interest over various properties and that the Bank or Financial Signature Not Verified Signed by: AMAN TIWARI Signing time: 2/29/2024 11:04:29 AM 31 Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period;
(iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii)above;
(iv) the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount;
(v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non-performing asset;
(vi) affirming that the period of sixty days notice as required by the provisions of sub-section (2) of section 13, demanding payment of the defaulted financial assistance has been served on the borrower;
(vii) the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower;
(viii) the borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of the principal Act;
(ix) that the provisions of this Act and the rules made thereunder had been complied with:
Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application:
Provided also that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate within the said period of thirty days for reasons beyond his control, Signature Not Verified Signed by: AMAN TIWARI Signing time: 2/29/2024 11:04:29 AM 32 he may, after recording reasons in writing for the same, pass the order within such further period but not exceeding in aggregate sixty days.
Provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate or the Chief Metropolitan Magistrate, as the case may be, on the date of commencement of this Act.] (1A) The District Magistrate or the Chief Metropolitan Magistrate may authorise any officer subordinate to him,
--
(i) to take possession of such assets and documents relating thereto; and
(ii) to forward such assets and documents to the secured creditor.
(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) No act of the Chief Metropolitan Magistrate or the District Magistrate any officer authorised by the Chief Metropolitan Magistrate or District Magistrate done in pursuance of this section shall be called in question in any court or before any authority."
3. Shri M.P.S. Raghuvanshi, learned Additional Advocate General has informed this Court that looking to number of writ petitions filed in the aforesaid context and now clubbed for analogous hearing, the Divisional Commissioner, Gwalior and Chambal Division, had convened a meeting of Collectors of nine districts. Thereafter, a comprehensive order has been passed on 14.02.2024. Copy of the order has been passed on Board, which is taken on record. The subject and operative portion are quoted below :
"fo"k;& - Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Signature Not Verified Signed by: AMAN TIWARI Signing time: 2/29/2024 11:04:29 AM 33 Act, 2002 (SARFAESI Act, 2002) dh /kkjk 14 ds rgr ikfjr vkns'kksa ds fdz;kUo;u dj dCtk fnyk;s tkus ckor~ A
-----------------------
vr% leLr dysDVj] vuqfoHkkxh; vf/kdkjh ¼jktLo½] rglhynkj] iqfyl dks lalwpuk nsdj le;kof/k esa dk;Z ;kstuk ds rgr vkns'kksa dk fdz;kUo;u dj dCtk fnyk;s tkus dh dk;Zokgh le;&lhek esa djk;k tkuk lquf'pr djsa A leLr dysDVj fo"k;kafdr /kkjk ds izdj.kksa esa le;&lhek esa fdz;kUo;u dh dk;Z;kstuk rS;kj dj i;Zos{k.k ,oa ikyu lqfuf'pr djk;sa] lkIrkfgd le;&lhek leh{kk cSBdksa esa le;&lhek esa ikyu dh fu;fer leh{kk djsa rFkk izxfr ls le;≤ ij v/kksgLrk{kjdrkZ dks voxr djk;sa rFkk v/kksgLrk{kdjdrkZ }kjk ftys esa Hkze.k ds le; fo"k;kafdr izdj.kksa ds i=kuqlkj le;&lhek esa ikyu dh fLFkfr ls voxr djkuk lqfuf'pr djsa A"
4. On perusal thereof, it appears that strict instructions have been issued to all the Collectors ensuring timely execution of orders passed under Section 14 of the SARFAESI Act.
5. Under such circumstances, as agreed to by the parties, we hereby dispose of the batch of writ petitions with the following orders.
1.(a) Petitioners, seeking completion of proceedings and order to be passed under Section 14 of the SARFAESI Act by the Collector, shall approach the Collector with the order passed today to complete the proceedings expeditiously and pass order under Section 14 of the SARFAESI Act as well as for timely execution of the order.
1 (b). The Collector shall pass the order under Section 14 of the SARFAESI Act as early as possible preferably within four weeks from the date of submission of certified copy of this order. Thereafter, the Collector shall ensure execution of the order in a time bound programme as directed by the Divisional Commissioner.
2 (a). Petitioners, seeking execution of the order passed Signature Not Verified Signed by: AMAN TIWARI Signing time: 2/29/2024 11:04:29 AM 34 under Section 14 of the SARFAESI Act by the respective Collector, shall approach the Collector with the order passed today for timely execution of the order passed under Section 14 of the SARFAESI Act.
2 (b) The concerned Collector shall adhere to a time bound schedule for expeditious execution of the order passed under Section 14 of the SARFAESI Act.
3. In all such cases, where DRT has passed interim orders against proceedings initiated under Section 13(2) and/or 13(4) of the SARFAESI Act, the Collector shall defer action under Section 14 of the SARFAESI Act till such interim orders are modified or vacated facilitating completion of proceedings under Section 14 of the SARFAESI Act or the execution of orders passed under Section 14 of the SARFAESI Act.
6. With the aforesaid, the writ petitions stand disposed of.
(ROHIT ARYA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Aman
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/29/2024
11:04:29 AM