Iifl Home Finance Limited Having Its ... vs The State Of Madhya Pradesh on 15 May, 2025

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Madhya Pradesh High Court

Iifl Home Finance Limited Having Its ... vs The State Of Madhya Pradesh on 15 May, 2025

Bench: Anand Pathak, Hirdesh

         NEUTRAL CITATION NO. 2025:MPHC-GWL:10894




                                                                   1                                  WP-17294-2025
                                IN     THE       HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE ANAND PATHAK
                                                              &
                                               HON'BLE SHRI JUSTICE HIRDESH
                                                       ON THE 15 th OF MAY, 2025
                                                   WRIT PETITION No. 17294 of 2025
                             IIFL HOME FINANCE LIMITED HAVING ITS REGISTERED OFFICE AT
                                    IIFL HOUSE SUN INFOTECH PARK ROAD THROUGH
                                                        Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                             Shri Ajay Sharma, learned counsel for the petitioner.
                             Shri A.K.Nirankari, learned Government Advocate for respondents/State.

                                                                    ORDER

Per: Justice Anand Pathak

1. The present petition under Article 226 of the Constitution of India is filed seeking following reliefs:-

"1)That, the respondents No.2 & 3 may be directed to get the possession delivered to the petitioner by acting upon the order annexure P/1 in a stipulated time limit,

2) any other relief deemed fit and expedient in the facts of the case may also be granted to the petitioner,

3) Cost of the petition be also awarded to the petitioner."

2. Facts of the case are that petitioner/IIFL Home Finance Ltd. has landed money/loan to the borrowers and they committed default in paying the same, therefore, proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For breveity "SARFAESI Act") were initiated against them. However, as per Sections 13 & 14 of the SARFAESI Act, possession of the secured assets has not been handed over.

Signature Not Verified Signed by: PRACHI MISHRA Signing time: 5/16/2025 11:10:31 AM

NEUTRAL CITATION NO. 2025:MPHC-GWL:10894 2 WP-17294-2025

3. Learned counsel for the petitioner referred the order dated 27-02- 2024 passed by the Coordinate Bench of this Court in bunch of writ petitions in which Writ Petition No.2078 of 2023 (IIFL Home Finance Ltd. Vs. The State of M.P. and Others) was the leading case and submits that similar controversy has been dealt with in these bunch of petitions.

4. In the said order certain directions were given to the District Administration/ Collector to ensure compliance of provisions as contained in the SARFAESI Act. Those directions for ready reference are reiterated as under:-

"1.(a) Petitioners, seeking completion of proceedings and order to be passed under Section 14 of the SARFAESI Ac 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 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 initiate 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."

Signature Not Verified Signed by: PRACHI MISHRA Signing time: 5/16/2025 11:10:31 AM

NEUTRAL CITATION NO. 2025:MPHC-GWL:10894 3 WP-17294-2025

5. Learned counsel for the petitioner seeks parity and prays that directions issued in those bunch of petitions shall be issued in the present case also.

6. Learned counsel for the respondents/ State fairly submits that he has no objection if direction is given in the light of the order passed in bunch of writ petitions as referred above and suitable compliance of the order shall be ensured by the respondents/authorities.

7. Heard.

8. Considering the submissions advanced, this writ petition is disposed of with a direction to the District Administration/ Collector to ensure compliance of the directions as issued in the earlier bunch of writ petitions and do the needful as sought by the petitioner/ IIFL Home Finance Ltd. in accordance with law.

9. With the aforesaid, the writ petition stands disposed of.

                                     (ANAND PATHAK)                                         (HIRDESH)
                                         JUDGE                                                JUDGE
                           Prachi




Signature Not Verified
Signed by: PRACHI MISHRA
Signing time: 5/16/2025
11:10:31 AM

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