1 2025:CGHC:15217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1642 of 2025 1 - Samman Capital Limited Through Mr. Rajesh Chauhan S/o S.P. Singh Chauhan Designation Legal Manager Having Registered Address At 5th Floor, Building No. 27, K.G. Marg, Connaught Palace New Delhi 110001. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - The Chief Judicial Magistrate District Raipur, Chhattisgarh. 3 - Saunria Agrawal Proprietor R.K. International R/o 1st Floor, Samta Shopping Arcade, Samta Colony Raipur, District Raipur, Chhattisgarh. 492001 4 - Ganesh Kumar Agrawal R/o 11 Shala Marg, Choubey Colony, Dussehra Maidan, Raipur, District Raipur, Chhattisgarh. 492001 5 - Kaushalya Devi Partner M/s Shri Vinayak Udyog V.I.P. Compound, Agrasen Chowk Bhaisthan, Raipur, District Raipur, Chhattisgarh 492001 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 6 - Supriti Agrawal R/o Shala Marg, Choubey Colony, Dussehra Maidan, Raipur, District Raipur, Chhattisgarh. 492001 7 - Bindya Agrawal R/o Plot No. 11a And 11b, Raipur Chsl, Choubey Colony, Ward No. 15, Tehsil And District Raipur, Chhattisgarh 492001 8 - Radhe Shayam Agrawal Partner M/s Shri Vinayak Udyog R/o Agrasen Chowk Bhaisthan Raipur, Chhattisgarh 492001 9 - Shri Vinayak Udyog Through Its Partners R/o Agrasen Chowk, Bhaisthan Raipur, Chhattisgarh 492001 ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Ritesh Verma, Advocate For State :- Mr. Anmol Sharma, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 01.04.2025 1. The petitioner has filed this petition with a limited prayer that the respondent No.2 i.e. The Chief Judicial Magistrate District Raipur be directed to decide the application filed by the petitioner. 2. By way of this petition, the petitioner has sought following reliefs:- “10.1. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, or direction to Respondent No. 2, the District Magistrate, Raipur, to expeditiously conclude the proceedings under Section 14 of the SARFAESI Act in Case No. MJC/310/2024 and facilitate the rightful possession of the mortgaged property by the petitioner bank, by passing an order in accordance with the law within 15 days from the next fixed date, in the interest of justice. 3 10.2. That any other relief/order which may deem fit and just in the facts and circumstances of the case may also be granted in favour of the petitioner with cost.” 3. It has been submitted by learned counsel for the petitioner that the petitioner has filed an application under Section 14 of the SARFAESI Act which is still pending before the respondent No.2 i.e. The Chief Judicial Magistrate District Raipur since 13.03.2024 and no order has been passed on the said application. Therefore, respondent No.2 i.e. The Chief Judicial Magistrate District Raipur may be directed to decide the same and pass appropriate order within stipulated time. 4. Learned State counsel has no objection to the said submission. 5. Considering the facts and circumstances of the case and further considering the limited prayer made by the petitioner, the respondent No.2 i.e. The Chief Judicial Magistrate District Raipur is directed to consider and decide the application of the petitioner by passing appropriate order, in accordance with law, preferably within a period of four weeks from the date of receipt of copy of this order. 6. With the aforesaid observation/direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha 4