ICICI HOME FINANCE COMPANY LIMITED v. STATE OF CHHATTISGARH
WPC/2708/2025 · 2025-06-08
Shri Arvind Kumar Verma
body2025
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[ 2025 DAILYLAW 24406 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 24406 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:22609
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2708 of 2025 1 - ICICI Home Finance Company Limited Through Legal Manager Gaurav Mishra S/o Shri Mohan Lal Mishra Aged About 34 Years Having Its Corporate Office ICICI HFC Tower, J.B. Nagar Andheri-Kurla Road, Andheri (East) Mumbai 400059 (Maharashtra)
... Petitioner versus 1 – State of Chhattisgarh Through The Secretary, Department of Law And Legislative Affairs, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (Chhattisgarh) 2 - Haresh Kumar Tank R/o Mouja Fafadih PHN 108 Khasra No. 37 Sheet No. 12 Plot No. 39 12 Ward No. 14 Raman Mandir Ward Fafadih Near Satguru Kirana Store Fafadih Raipur, Chhattisgarh 492001 3 - Jayaben Tank R/o Mouja Fafadih PHN 108 Khasra No. 37 Sheet No. 12 Plot No. 39 12 Ward No. 14 Raman Mandir Ward Fafadih Near Satguru Kirana Store Fafadih Raipur, Chhattisgarh 492001 4 - Monika Thakur R/o Mouja Fafadih PHN 108 Khasra No. 37 Sheet No. 12 Plot No. 39 12 Ward No. 14 Raman Mandir Ward Fafadih Near Satguru Kirana Store Fafadih Raipur, Chhattisgarh 492001 5 - Dinesh Kumar Thakur R/o Mouja Fafadih PHN 108 Khasra No. 37 Sheet No. 12 Plot No. 39 12 Ward No. 14 Raman Mandir Ward Fafadih Near Satguru Kirana Store Fafadih Raipur, Chhattisgarh 492001 6 - Manilal Taunk R/o Mouja Fafadih PHN 108 Khasra No. 37 Sheet No. 12 Plot No. 39 12 Ward No. 14 Raman Mandir Ward Fafadih Near Satguru Kirana Store Fafadih Raipur, Chhattisgarh 492001 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.10 13:58:15 +0530
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... Respondents For Petitioner : Mr. Ritesh Sharma, Advocate For State : Mr. Rishabh Bisen, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 09/06/2025
1. The petitioner has filed the present petition with the following reliefs:- 10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order, or direction to the Learned Chief Judicial Magistrate, Raipur, to decide the application filed under Section 14 of the SARFAESI Act, 2002, by passing an order within 15 days in the registered case no. MJC/431/2025 titled ICICI Home Finance Company Limited Vs. Haresh Kumar Tank & Others, from the date of receipt of the order passed by this Hon’ble Court in the interest of justice. 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.
2. The limited prayer made in the writ petition is for issuance of direction to the Chief Judicial Magistrate, Raipur to decide the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 within a period of 15 days.
3. Learned State counsel has no objection if such prayer of the petitioner is allowed.
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4. Considering that the proceedings are pending, the writ petition is
disposed of with direction to the Chief Judicial Magistrate, Raipur to decide the pending application under Section 14 of the Act, 2002, in accordance with law, expeditiously, preferably within a period of 60 days from the date of receipt of copy of this order. SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu