Madhya Pradesh High Court
Uco Bank Asset Management Branch Mumbai ... vs The State Of Madhya Pradesh on 12 March, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 12 th OF MARCH, 2024
WRIT PETITION No. 5201 of 2024
BETWEEN:-
UCO BANK ASSET MANAGEMENT BRANCH MUMBAI
THROUGH CHIEF MANAGER MEENOR BHIVGADE S/O
SHRI VIJAY KUMAR BHIVGADE, AGED ABOUT 37
YEARS, OCCUPATION: SERVICE R/O UCO BANK 359 4TH
FLOOR DR.D.N. ROAD MUMBAI (MAH.)
(MAHARASHTRA)
.....PETITIONER
(BY SHRI NITIN VYAS, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH COLLECTOR
COLLECTOR OFFICE DISTT. INDORE (MADHYA
PRADESH)
2. TEHS I LD AR TEHSIL OFFICE JUNI INDORE
ADMINISTRATIVE BLOCK COLLECTOR OFFICE,
INDORE DIST. INDORE (MADHYA PRADESH)
3. M/S ZOOM DEVELOPERS (PVT.) OFFICE 12/2, RNT
MARG, INDORE CORPORATE OFFICE A 53 ROAD
1, MIDC, INDUSTRIAL AREA MAROL, MUMBAI
(MAHARASHTRA)
4. VIJAY CHOUDHARI S/O MADANLAL CHOUDHARI
R/O 905/906, INDRADHARSHAN MILAT NAGAR
LOKHANDWALA COMPLEX, ANDHERI MUMBAI
(MAHARASHTRA)
5. B.M. KEJRIWAL 905/906, INDRADHARSHAN
MILAT NAGAR LOKHANDWALA COMPLEX,
ANDHERI, MUMBAI (MAHARASHTRA)
6. SMT. MANJARI CHOUDHARI R/O 905/906,
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 12-03-2024
18:43:27
2
INDRADHARSHAN MILAT NAGAR
LOKHANDWALA COMPLEX, ANDHERI MUMBAI
(MAHARASHTRA)
7. BRILIYANT INFRASTRUCTURE PVT. LTD. 703-704,
SEVENTH FLOOR, CHETAK CENTER, 12/2, RNT
MARG, INDORE (MADHYA PRADESH)
8. MAGNIFISENT HOTELS PVT. LTD. 703-704,
SEVENTH FLOOR, CHETAK CENTER, 12/2, RNT
MARG, INDORE (MADHYA PRADESH)
9. SUNSTAR INFRASTRUCTURE PVT. LTD. 703-704,
SEVENTH FLOOR, CHETAK CENTER, 12/2, RNT
MARG, INDORE (MADHYA PRADESH)
10. MAGNIFISENT INFRASTRUCTURE PVT. LTD. 703-
704, SEVENTH FLOOR, CHETAK CENTER, 12/2, RNT
MARG, INDORE (MADHYA PRADESH)
11. RAJAT INFRASTRUCTURE PVT. LTD. 703-704,
SEVENTH FLOOR, CHETAK CENTER, 12/2, RNT
MARG, INDORE (MADHYA PRADESH)
12. MAGNIFISENT CONSTRICTION PVT. LTD. 703-704,
SEVENTH FLOOR, CHETAK CENTER, 12/2, RNT
MARG, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BHUWAN GAUTAM, G.A.)
This petition coming on for admission this day, Justice Sushrut Arvind
Dharmadhikari passed the following:
ORDER
Heard on the question of admission and interim relief. I n this petition, under Article 226 of the Constitution of India, the petitioner is not challenging any order but the inaction on the part of respondent no. 1 and 2 in not complying the order dated 12.02.2021 passed by the Collector/ Respondent No.1, District: Indore.
2. Learned counsel for the petitioner submitted that despite there being an order dated 12.02.2021 passed by the Collector/ Respondent No.1, District:
Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 12-03-2024 18:43:27 3Indore in its favour under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act") directing the respondent No.2/Tehsildar to take physical possession of the property and hand over the same to the petitioner, no action has been taken by the respondent No.2/Tehsildar to comply with the order. Therefore, the petitioner has approached this Court seeking direction to the respondent No.2/Tehsildar to comply with the order dated 12.02.2021 and hand over the vacant possession of the property in question in a time bound manner.
3. Counsel for the respondent/State has no objection to the innocuous prayer made by the petitioner.
4. In view of the aforesaid submissions, this petition is disposed off with the following directions:-
i. Respondent No. 1- Collector, Indore is directed to inquire as to why respondent No.2 has not complied with the order dated 12.02.2021 so far.
ii. Respondent No.2/ Tehsildar shall comply with the order dated 12.02.2021 in letter and spirit and hand over the vacant possession of the property in question to the petitioner as expeditiously as possible preferably within a period of two months from the date of receipt of certified copy of the order, subject to any order passed by any competent Court.
(S. A. DHARMADHIKARI) (DEVNARAYAN MISHRA)
JUDGE JUDGE
Vatan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 12-03-2024
18:43:27