Chattisgarh High Court
Iifl Home Finance Limited vs District Magistrate on 27 September, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP(C) No.4107 of 2022
IIFL Home Finance Limited Branch Ofcer Lal Ganga City Mart,
Banjari Chowk, Raipur, (C.G.) Through Authorised Ofcer And
Location Head Mr. Sumit Singh Rajput, Age 30 Years, S/o Praduman
Singh.
---- Petitioner
Versus
1. District Magistrate, Raipur, District : Raipur, Chhattisgarh.
2. Tehsildar, Raipur, District : Raipur, Chhattisgarh.
3. M/s R. K. Contractors Through Proprietor/ Manager/partner, Shop 16
A, Motibagh Chowk, Modern Complex, District : Raipur, Chhattisgarh.
4. Shri Rajesh Ahuja, S/o Shri Ramesh Kumar Ahuja, B-80, Kavita Nagar,
Near SSd Aata Chakki, District : Raipur, Chhattisgarh.
5. Shri Ramesh Kumar Ahuja, S/o Shri Pesumal B-80, Kavita Nagar, Near
SSD Aata Chakki, District : Raipur, Chhattisgarh.
6. Shri Vikas Ahuja, S/o Ramesh Kumar Ahuja B-80, Kavita Nagar, Near
SSD Aata Chakki, District : Raipur, Chhattisgarh.
7. Smt. Priya Ahuja, W/o Shri Vikas Ahuja B-80, Kavita Nagar, Near SSD
Aata Chakki, District : Raipur, Chhattisgarh.
8. Smt. Saumya Ahuja, W/o Shri Rajesh Kumar Ahuja B-80, Kavita Nagar,
Near SSD Aata Chakki, District : Raipur, Chhattisgarh.
9. Smt. Sushila Ahuja, W/o Shri Ramesh Kumar Ahuja B-80, Kavita Nagar,
Near SSD Aata Chakki, District : Raipur, Chhattisgarh.
---- Respondents
For Petitioner : Shri Pragalbha Sharma, Advocate on behalf of Shri Raja Sharma, Advovate.
For State : Ms. Akanksha Jain, Dy. G.A. 2 Hon'ble Shri Justice Arvind Singh Chandel Order On Board 27/09/2022
1. Heard.
2. Learned Counsel for the petitioner submits that a measure under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ' the SARFAESI Act') was availed against respondent No.3 to 9 as they failed to repay the amount of the loan availed by them from the petitioner institution. Subsequently, an application under Section 14 of the SARFAESI Act was fled before the Collector/District Magistrate under the SARFAESI Act which was decided on 24.04.2022 i.e. Annexure P-2 and the Collector/District Magistrate had directed to hand over the physical possession of the mortgaged property to the petitioner. Despite that the Tehsildar has not complied the order of the Collector/District Magistrate till date. Therefore, it is prayed that this petition may be disposed of directing the Tehsildar to comply with the order passed by the Collector/District Magistrate and an outer limit may be fxed for this purpose by this Court.
3. Learned Counsel for the State does not oppose the limited prayer made by counsel for the petitioner.
4. On due consideration, this petition is disposed of at this stage 3 directing respondent No.2- Tehsildar, Raipur, (C.G.) to comply with the order dated 25.04.2022 i.e. Annexure P/2 passed by the Collector/District Magistrate, if the said order is not set-aside in accordance with law within a period of 90 days from the date of receipt of copy of this order.
5. With the aforesaid direction, this petition is disposed of.
Sd/-
(Arvind Singh Chandel) Judge Prakash