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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. 12487 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.16 V, PLOT NO. B-23,
                                             MIDC, THANE INDUSTRIAL AREA WAGLE
                                             ESTATE, THANE 400604 AND BRANCH OFFICE
                                             AT PLOT NUMBER 81, 1 ST FLOOR, ZONE 2, M.P.
                                             NAGAR, BHOPAL MADHYA PRADESH - PIN-
                                             462011, REPRESENTED BY ITS AUTHORISED
                                             OFFICER - NEELESH KUMAR PANDEY S/O 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)

                                                                                           .....PETITIONER
                                             (BY SHRI ANAND SHUKLA - ADVOCATE )

                                             AND

                                        1.   ADDITIONAL DISTRICT MAGISTRATE, SOUTH
                                             BHOPAL,   COLLECTOR   OFFICE   BHOPAL,
                                             DISTRICT BHOPAL (MADHYA PRADESH)

                                        2.   THE TEHSILDAR, KOLAR,
                                             TEHSIL KOLAR, DISTRICT BHOPAL (MADHYA
                                             PRADESH)

                                        3.   MR NIMISH RAGHUVANSHI
Signature Not Verified
                                             R/O CHANKYA 5 CHINAR FORTUNE CITY,
  SAN
                                             INFRONT OF ASHIMA MALL, BHOPAL, M.P.
                                             AND C 210, CHINAR FORTUNE CITY INFRONT
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.07.09 17:35:27 IST                OF ASHIMA MALL, BHOPAL, DISTRICT BHOPAL
                                             (MADHYA PRADESH)
                                                                              2

                                        4.       SMT. NEETI RAGHUVANSHI,
                                                 R/O C-210 CHINAR FORTUNE CITY INFRONT OF
                                                 ASHIMA MALA, BHOPAL, DISTRICT BHOPAL
                                                 (MADHYA PRADESH)

                                                                                                    .....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.9256/2022-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.9256/2022-an application for amendment in the petition is taken up and in absence of opposition from the other side, I.A. No.9256/2022 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 23.10.2018 (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 respondent Nos.1 and 2 to implement the order dated 23.10.2018 expeditiously Signature Not Verified SAN preferably within a period of 45 days from the date of production of certified Digitally signed by ASHISH KUMAR JAIN Date: 2022.07.09 17:35:27 IST copy of this order provided said order dated 23.10.2018 is not stayed, annulled 3 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