Chattisgarh High Court
Iifl Home Finance Limited vs Smt. Shivangi on 28 August, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WP227 No. 569 of 2025
1 - Sammaan Capital Limited (Previously Known As Indiabulls Housing
Finance Ltd.) Through Mr. Rajesh Chauhan S/o S.P. Singh Chauhan
Working As Legal Manager Having Registered Address At 5th Floor,
Building No. 27, K.G. Marg, Connaught Palace New Delhi 110001
--- Petitioner(s)
versus
1 - Nilaksha Tapadia R/o Block No. A-1, Flat No. 303, Vidhan Sabha Road,
Shankar Nagar, Near Vip Karishma Apartments, Raipur, Chhattisgarh
2 - Shraddha Tapadia R/o Block No. A-1, Flat No. 303, Vidhan Sabha
Road, Shankar Nagar, Near Vip Karishma Apartments, Raipur,
Chhattisgarh
--- Respondent(s)
Along with WP227 No. 787 of 2025 1 - Icici Home Finance Company Limited Through- Pawan Bansal S/o Shri R.R. Bansal Aged About 35 Years, Working As Regional Legal Manager, Having Branch Office At 2nd Floor, Ambika Arcade, Zone- 1, M.P. Nagar, Bhopal ( Madhya Pradesh )
---Petitioner(s) Versus 1 - Himanshu Sinha Himanshu Sinha R/o Lig 41 Ha Bo Colony Phase 2, Kosabadi, Ward 21, Korba, Chhattisgarh. Shop No. 56, Ground Floor, City Center Mall, Tehsil And District- Korba Chhattisgarh 496677 2 - Shikha Sinha R/o Lig 41 Ha Bo Colony Phase 2, Kosabadi, Ward 21, Korba, Chhattisgarh. Also At Shop No. 56, Ground Floor, City Center Mall, Tehsil And District- Korba Chhattisgarh 496677
--- Respondent(s) Along with WP227 No. 762 of 2025 1 - Kotak Mahindra Bank Limited Through Kuldeep Mathur, S/o J. P. Mathur Aged About 32 Years Working As Senior Legal Manager Having Branch Office At Mukta Prayag Complex 3rd Floor, Pujari Complex, -2- Pachpedi Naka, Raipur, Chhattisgarh, 492001
---Petitioner(s) Versus 1 - Messrs Amit Radio Center Shop At Amit Radio, Brahma Road, Ambikapur, Chhattisgarh Pin-497001 2 - Sandeep Kumar Agrawal S/o Suraj Bhan R/o House No. 22, Gumga, District Surguja, Chhattisgarh Pin 497116 Also At Indira Gandhi Ward No. 17, Mission Chowk, Ambikapur, Chhattisgarh Pin-497001 3 - Rohtaas Agrawal S/o Suraj Bhan R/o House No. 22, Gumga, District Surguja, Chhattisgarh Pin 497116 Also At Indira Gandhi Ward No. 17, Mission Chowk, Ambikapur, Chhattisgarh Pin-497001 4 - Meenakshi Agrawal R/o Near Jaistambh, Agrasen Ward 34, District Surguja, Chhattisgarh Pin 497116 Also At Indira Gandhi Ward No. 17, Mission Chowk, Ambikapur, Chhattisgarh Pin-497001 5 - Kalawati Agrawal R/o Indira Gandhi Ward No. 17, Mission Chowk, Ambikapur, Chhattisgarh Pin-497001 6 - Rajnikant Agrawal S/o Suraj Bhan R/o Indira Gandhi Ward No. 17, Kedarpur, Ambikapur, Chhattisgarh Pin-497001 7 - Neha Agrawal R/o House No. 22, Gumga, Mahadev Para, Village- Gumga, Tahsil- Udaypur, District- Surguja, Chhattisgarh 497116
--- Respondent(s) Along with WP227 No. 664 of 2025 1 - Iifl Home Finance Limited Through Ashok Kumar Awasthi S/o Gopal Lal Sharma Aged About 42 Years Working As Senior Manager Having Branch Office At F-101, 1st, Floor Singapore Business Park Anoop Nagar Indore Madhya Pradesh 452001
---Petitioner(s) Versus 1 - Prashant Kumar S/o Krishan Kumar Singh R/o Plot No. L.I.G. 76, And L.I.G.77, Rals Park Parsada Ward No.16 Tehsil Patan District Durg (C.G.) Also At House No.B-4002, A Ajnara Grace Rajnagar Extension Rajnagar Ghaziabad Also At Acl Technology Limited Polt No. 3a, Sector 126, Noida New Delhi, 2 - Smt Gunjan Singh W/o Prashant Kumar R/o Plot No. Lig. 76, And L.I.G. 77 Rals Park Parsada Ward No.16, Tehsil Patan District Durg (C.G.) Also At House No. B-4002 A Ajnara Grace Rajnagar Extension Rajnagar Gaziabad Also At Acl Technology Limited Plot No. 3a, Sector 126, Noida New Delhi
--- Respondent(s) 3 Along with WP227 No. 660 of 2025 1 - Iifl Home Finance Limited Through Ashok Kumar Awasthi S/o Gopal Lal Sharma Aged About 42 Years Working As Senior Manager Having Branch Office At F-101, 1st Floor, Singapore Business Park, Anoop Nagar, Indore, Madhya Pradesh 452001.
---Petitioner(s) Versus 1 - Sanjay Singh S/o Gupteshwar Singh R/o Kaura, Gyanpura, Bhojpura, Bhojpur Bihar, Property Situated At Birgaon, R.N.M. Dharsiwa, Ward No. 23, Sant Ravidas Ward, Tehsil And Disrict Raipur (C.G.) 2 - Seema Singh W/o Sanjay Singh R/o Kaura, Gyanpura, Bhojpura, Bhojpur Bihar, Property Situated At Birgaon, R.N.M. Dharsiwa, Ward No. 23, Sant Ravidas Ward, Tehsil And Disrict Raipur (C.G.)
--- Respondent(s) Along with WP227 No. 628 of 2025 1 - Iifl Home Finance Limited Through Ashok Kumar Awasthi S/o Gopal Lal Sharma Aged About 42 Years Working As Senior Manager Having Branch Office At F-101, 1st Floor, Singapore Business Park, Anoop Nagar, Indore, Madhya Pradesh 452 001
---Petitioner(s) Versus 1 - Smt. Shivangi W/o Shri Ravi Kumar R/o House No. 10, Camp 2, Bhilai Nagar, Dr. Mahesh Gali, Circular Market, Tahsil And District Durg Chhattisgarh 2 - Shri Ravi Kumar Soni S/o Shri Shiva Bhawan Soni R/o House No. 10, Camp 2, Bhilai Nagar, Dr. Mahesh Gali, Circular Market, Tahsil And District Durg Chhattisgarh ---- Respondents For Petitioners : Mr. Ritesh Sharma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.08.2025
1. The present writ petitions have been filed by the petitioners/banks and Finance secured creditors aggrieved by non-execution of order either passed by the learned Chief Judicial Magistrate or by the -4- District Magistrate under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act of 2002').
2. Learned counsel appearing for the petitioners would submit that despite there being clear order passed under Section 14 of the Act of 2002, the Tehsildars failed to discharge their statutory duty. He would further submit that non-performing Assets are a huge burden on the public exchequer, banking and financial system and therefore, the Tehsildars are under obligation to comply with the directions/orders passed under the provisions of Section 14 of the Act of 2002. He would pray for a direction to the concerned Tehsildars to comply with the orders passed under Section 14 of the Act of 2002.
3. I have heard the learned counsel appearing for the petitioners and perused the documents placed on record.
4. It is surprising to note that time and again, this Court is coming across cause of actions raised by the secured creditor aggrieved by the fact that orders passed under Section 14 of the Act of 2002 are not being executed by the Tehsildars. The scheme of the Act of 2002 enjoins the District Magistrate to pass an order under Section 14 of the Act of 2002 within the extended period of 60 days and thereafter, the Tehsildar or the concerned Revenue Authority to execute such order without any unnecessary delay. Merely because, time frame is not prescribed for execution of an order passed under Section 14 of the Act of 2002 does not mean that the concerned Tehsildar would 5 sit over the matter, thereby frustrating the object of the Act of 2002.
5. The Hon'ble Supreme Court in the matter of R.D. Jain & Co. Vs. Capital First Limited and Others, 2023(1) SCC 675, while explaining the object of jurisdiction under Section 14 of the Act of 2002 held as under :
"23. However, for taking physical possession of the secured assets in terms of Section 14(1) of the SARFAESI Act, the secured creditor is obliged to approach the CMM/DM by way of a written application requesting for taking possession of the secured assets and documents relating thereto and for being forwarded to it (secured creditor) for further action. The statutory obligation enjoined upon the CMM/DM is to immediately move into action after receipt of a written application under Section 14(1) of the SARFAESI Act from the secured creditor for that purpose. As soon as such an application is received, the CMM/DM is expected to pass an order after verification of compliance of all formalities by the secured creditor referred to in the proviso in Section 14(1) of the SARFAESI Act and after being satisfied in that regard, to take possession of the secured assets and documents relating thereto and to forward the same to the secured creditor at the earliest opportunity.
24. As mandated by Section 14 of the SARFAESI Act, the CMM/DM has to act within the stipulated time-limit and pass a suitable order for the purpose of taking possession of the secured assets within a period of 30 days from the date of application which can be extended for such further period but not exceeding in the aggregate, sixty days. Thus, the powers exercised by the CMM/DM is a ministerial act. He cannot brook delay. Time is of the essence. This is the spirit of the special enactment."
6. Accordingly, concerned Tehsildars are directed to comply with the orders passed by the learned Chief Judicial Magistrates and the District Magistrates within a maximum period of 30 days from the production of copy of this order and if those orders are not complied with within the said period, it would amount contempt of order passed by this Court.
7. In view of the above, all writ petitions are disposed of.
Sd/-
(Rakesh Mohan Pandey) Judge Rekha