TYGER CAPITAL PRIVATE LIMITED (FORMERLY ADANI CAPITAL FINANCE PRIVATE LIMITED) v. STATE OF RAJASTHAN
CW/5096/2025 · 2025-04-08
Anoop Kumar Dhand
body2025
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[ 2025 DAILYLAW 12872 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12872 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5096/2025 Tyger Capital Private Limited (Formerly Adani Capital Finance Private Limited), Registered Office At Adani House, Navrangpura, Ahmedabad 380009, Gujarat And Branch Office At 18-19, Mahima Trinity Mall, Plot No. 5, Swej Farm, New Sanganer Road, Sodala Jaipur-302019 Through Authorised Representative Mr. Rohan Bagtri S/o Mr. Rajendra Kumar Bagri, Aged About 36 Years. ----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary Its Office At, C Scheme, Ashok Nagar, Jaipur, Rajasthan 302007.
2. Superintendent Of Police, Ajmer, Rajasthan.
3. Station House Officer (Sho), Police Station Gandhinagar, Ajmer, Rajasthan. ----Respondents For Petitioner(s) : Mr. Naman Yadav JUSTICE ANOOP KUMAR DHAND
Order 08/04/2025
1.
Learned counsel for the petitioner submits that the application filed by the petitioner under Section 14 of the SARFAESI, 2002 (hereinafter referred to as ‘the Act of 2002’) was allowed by the District Magistrate, Ajmer vide order dated 25.09.2024 and the Superintendent of Police, Ajmer was directed to provide Police assistance to the petitioner for taking the possession of mortgaged property.
2.
Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has deposited Police Assistance
(2 of 3) [CW-5096/2025] charges of Rs.1,48,722/- vide demand draft dated 27.11.2024.
Learned counsel submits that this factual aspect of the matter is admitted by the Superintendent of Police, Ajmer in its letter dated 16.10.2024 and a direction has been issued to the Inspector, Police Lines, Ajmer to provide necessary Police Assistance to the petitioner for getting the possession of the mortgaged property.
Learned counsel submits that inspite of passing of considerable time till date the order dated 25.09.2024 passed by the District Magistrate, Ajmer has not been implemented and executed by the Superintendent of Police, Ajmer or Inspector Police Lines, Ajmer for the reasons best known to them. Learned counsel submits that even a representation was submitted by the petitioner for compliance of the aforesaid order on 03.02.2025 and all went in vain, hence under these circumstances, interference of this Court is warranted.
3. This Court finds that the order under Section 14(2) of the Act of 2002 has already been passed by the District Magistrate, Ajmer on 25.09.2024 by which the Superintendent of Police, Ajmer has been directed to provide necessary assistance for implementation of the aforesaid order subject to deposition of requisite charges. The requisite charges of police assistance has already been deposited by the petitioner way-back in the month of November, 2024 but inspite of passing considerable time, the Police Assistance has not been provided to the petitioner for getting possession of the mortgaged property.
4. This Court finds that a representation in this regard has already been submitted by the petitioner on 03.02.2025 for
(3 of 3) [CW-5096/2025] narrating all the relevant facts but the grievance raised by the petitioner has not been redressed as yet.
5. In view of above, the instant writ petition stands disposed of by issuing directions to the Superintendent of Police, Ajmer to decide the representation of the petitioner dated 03.02.2025 in light of the order dated 25.09.2024 passed by the District Magistrate, Ajmer expeditiously as early as possible preferably within a period of four weeks from the date of receipt of certified copy of this order.
6. All applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J Karan/31