Iifl Home Finance Ltd. Registered ... vs The State Of Madhya Pradesh on 9 June, 2022

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Madhya Pradesh High Court

Iifl Home Finance Ltd. Registered ... vs The State Of Madhya Pradesh on 9 June, 2022

Author: Anand Pathak

Bench: Anand Pathak, Milind Ramesh Phadke

                           1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                              &
         HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                    ON THE 9th OF JUNE, 2022

              WRIT PETITION No. 12479 of 2022

     Between:-
     IIFL HOME FINANCE LTD. REGISTERED OFFICE
     12-A-10, THIRTEENTH FLOOR PARICRINSZO, C-
     38 AND C-39 G BLOCK MCA BANDRA CURLA
     COMPLE BANDRA EAST MUMBAI LOCAL
     OFFICE D-1 GROUND FLOOR BASANT BIHAR,
     GWALIOR THROUGH AUTHORIZED PERSON
     BALVEER SINGH YADAV S/O SHRI SOBRAN
     SINGH, AGED ABOUT 48 YEARS, OCCUPATION:
     COLLECTION MANAGER R/O KANTE SAHAB KA
     BAG SHABD PRATAP AASHRAM GWALIOR
     (MADHYA PRADESH)

                                                     .....PETITIONER
     (BY SHRI SUNIL DUBEY - ADVOCATE)

     AND

1.   THE STATE OF MADHYA PRADESH THROUGH
     ITS PRINCIPAL SECRETARY DEPARTMENT OF
     REVENUE,    VALLABH   BHAWAN   BHOPAL
     (MADHYA PRADESH)

2.   THE  DISTRICT  MAGISTRATE,         DISTRICT
     GWALIOR (MADHYA PRADESH)

3.   THE TEHSEELDAR, TAPPA MORAR, DISTRICT
     GWALIOR (MADHYA PRADESH)

4.   DR. KULDEEP SINGH S/O SHRI HARI RAM
     KIRAR R/O H.NO 20/549 KALPI BRIZE COLONY,
     MORAR (MADHYA PRADESH)

5.   SMT ARCHANA KIRAR W/O DR. KUDEEP SINGH
     R/O H.NO. 20/549 KALPI BRIZE COLONY, MORAR
     , GWALIOR (MADHYA PRADESH)

                                                   .....RESPONDENTS
                               2
        (BY SHRI ANKUR MODY - ADDITIONAL ADVOCATE GENERAL
        AND SHRI VIJAY SUNDARAM - PANEL LAWYER FOR
        RESPONDENTS NO.1 TO 3 )

      This petition coming on for Admission this day, JUSTICE ANAND
PATHAK passed the following:
                                     ORDER

The present writ petition under Article 226 of the Constitution of India is being preferred by petitioner seeking following relief :-

"7.1. That, respondent no.3 may kindly be directed to comply the order annexure P/1 dated 26.11.2020.

7.2. That, respondent no.3 may kindly be further directed to take the possession of the property from the respondent no.4 to 5 and hand over the petitioner.

7.3 That, other relief doing justice including cost be ordered. "

The sole grievance in this petition is that the order passed u/S. 14 of SARFAESI Act by the District Magistrate, Gwalior dated 26.11.2020 (Annexure P/1) has not yet been executed by the Executing Authority i.e. respondent No.3/the Tehsildar, Gwalior.

Learned counsel for the petitioner placed the order dated 7.3.2022 passed in W.P.No.29199 of 2021 and seeks parity.

Learned AAG appearing on behalf of respondent/State fairly submits that order of District Magistrate, Gwalior dated 26.11.2020 passed under Section 14 of SARFAESI Act shall be executed within 15 days.

With the aforesaid assurance and undertaking, this Court disposes of this petition with the direction that compliance report be filed with the Registry latest by 30th June, 2022, failing which Registry is directed to list this matter as PUD 3 before appropriate Bench.





    (ANAND PATHAK)              (MILIND RAMESH PHADKE)
        V. JUDGE                       V. JUDGE
AK/-
 ANAND KUMAR
 2022.06.10 10:26:54
 +05'30'

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