Punjab National Bank vs State Of Chhattisgarh, 8 Wpc/1236/2015 ... on 17 September, 2018

[Cites 2, Cited by 12]

Chattisgarh High Court

Punjab National Bank vs State Of Chhattisgarh, 8 Wpc/1236/2015 ... on 17 September, 2018

Bench: Prashant Kumar Mishra

                                                                         NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                          WPC No. 2515 of 2018

      Punjab National Bank, Main Branch Raipur, Lalganga City Mart,
       Moti Bagh Chowk, Raipur, District Raipur, Chhattisgarh Through
       Its Authorised Officer Kamlesh Chaudhary, S/o Shri Indaram
       Chaudhary, Aged About 37 Years, Presently Posted As Chief
       Manager As Well As General Power Of Attorney Holder

                                                                ---- Petitioner

                                     Versus

     1. State Of Chhattisgarh, Through Secretary, Department Of
        Revenue, Mahanadi Bhawan, Mantralaya, New Raipur, District
        Raipur, Chhattisgarh

     2. Collector and     District   Magistrate,   Raipur,    District   Raipur,
        Chhattisgarh

     3. M/s Sharma Vin Trade Private Limited Through Nirmaleshwar
        Prasad Sharma S/o Shri Lokeshwar Prasad Sharma R/o 01/58,
        Pushpak Nagar, Bhilai, District Durg, Chhattisgarh

     4. M/s Subhash Vin Trade Private Limited, Through Shri Ummed
        Singh (Director), Having Office At 5 Floor, Ozone Tower, Fafadih
        Chowk, Raipur, Chhattisgarh

     5. Tehsildar, Raipur, District Raipur, Chhattisgarh

                                                             ---- Respondents

For Petitioner Shri Harsh Wardhan, Advocate For Respondent-State Shri Rajendra Tripathi, PL Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 17/09/2018

1. It appears, despite having passed the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 12.06.2017, the order has not been given effect to by doing all consequential acts. By Annexure-P-3, the Additional Tehsildar, Raipur has further communicated to Mal Jamadar, Tehsil Office, Raipur, but the actual physical possession of the property has not been handed over to the petitioner.

2. Learned counsel for the petitioner would submit that the order passed by the District Magistrate has attained finality, as the same was never assailed before this Court or any other jurisdictional Forum, yet possession of the stressed property has not been handed over to the petitioner.

3. Considering the order (Annexure-P-2) passed by the District Magistrate, Raipur under Section 14 of the Act, 2002, the writ petition is disposed of with direction to the District Magistrate, Raipur to take all necessary steps for handing over the actual physical possession of the stressed property to the petitioner within a period of 1 month from the date of submission of certified copy of this order.

Sd/-

Prashant Kumar Mishra Judge Nirala

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