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2025 DAILYLAW 3833 (CHH)

M/S. MAA AMBEY ELECTRONICS AND TELECOM v. STATE OF CHHATTISGARH

WPC/209/2025 · 2025-01-13

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:2017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 209 of 2025 1 - M/s. Maa Ambey Electronics And Telecom, A Partnership Firm Besides State Bank Fafadih, Ward No. 22, Rajeev Gandhi, Raipur 492001 Through Its Partners 2 - Nand Kishore Kesharwani S/o Late Kishan Lal Kesharwani Aged About 40 Years, New Bhawani Super Bazar, Main Road Fafadih, Raipur, Chhattisgarh 3 - Sunita Kesharwani W/o Shri Kamal Kishore Kesharwani, Aged About 56 Years, Kesharwani Villa 1223, Tank Colony, Raman Mandir Ward, Ruprela Gali, Fafadih, Raipur, Chhattisgarh 4 - Raj Kishore Kesharwani S/o Late Kishan Lal Kesharwani Aged About 40 Years Kesharwani Villa 1223, Tank Colony, Raman Mandir Ward, Ruprela Gali, Fafadih, Raipur, Chhattisgarh 5 - Kamal Kishore Kesharwani S/o Late Kishan Lal Kesharwani Aged About 59 Years, Kesharwani Villa 1223, Tank Colony, Raman Mandir Ward, Ruprela Gali, Fafadih, Raipur, Chhattisgarh 6 - New Bhawani Super Bazar Main Road, Fafadih, Raipur Through Its Partners- Mr. Kamal Kishore Kesharwani, Mr. Nand Kishore Kesharwani, Mr. Raj Kishore Kesharwani ... Petitioners versus 2 / 3 1 - State Of Chhattisgarh Through District Magistrate, Raipur, District- Raipur (Chhattisgarh) 2 - Kotak Mahindra Bank Limited, 223 To 229, 2nd Floor, Siddhi Vinayak Complex, Satellite- Ahmedabad, Gujarat Through Its Authorized Officer 3 - The Additional Tehsildar, Raipur, District- Raipur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Harsh Wardhan, Advocate and Mr. Devendra Patel, Advocate For Respondents/State : Mr. Praveen Das, Dy. Advocate General (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 13/01/2025 1. Learned counsel for the petitioners submits that though the notice has been served through e-mail, no one is appeared on behalf of respondent No.2/Kotak Mahindra Bank Ltd. 2. By the present writ petition, the petitioners are questioning the order dated 28/10/2024 (Annexure P/2) passed by the Chief Judicial Magistrate, Raipur and seeking that the effect and operation of the said order may be remain stayed till 20/01/2025. 3. Learned Counsel appearing for the petitioners submits that the petitioners have already filed a Securitization Application before the Debts Recovery Tribunal, Jabalpur and they have also filed interim application seeking stay on the order passed by the CJM, Raipur on 14/12/2024. He further submits that the DRT, Jabalpur fixed the matter for 10/01/2025, however, due to non-availability of the Presiding Officer at the DRT Bench, Jabalpur and it has been 3 / 3 informed that the Camp Court at Indore is not taking the matter which is pending in the DRT Bench at Jabalpur. He further submits that as per the notification, the Jabalpur Bench is not available from 13/01/2025 to 17/01/2025. As the non-availability of DRT Bench at Jabalpur, the petitioners filed the present petition before this Court seeking stay of the impugned order dated 28/10/2024 till 20/01/2025. 4. Learned counsel appearing for the respondents/State, on instruction, reiterated the same fact that DRT Bench at Jabalpur is not functioning from 13/01/2025 to 17/01/2025. 5. I have heard learned counsel for the parties and perused the documents. 6. Looking to the non-availability of the DRT Bench at Jabalpur till 17/01/2025 and as per the pleadings of the petitioners that pursuance to the order passed by the CJM, the respondents are going to take possession of the house in question, as an interim measure, it is directed that the effect and operation of the order dated 28/10/2024 passed by the CJM, Raipur shall remain stayed till 20/01/2025. 7. With the aforesaid direction, this writ petition is disposed of. 8. Certified copy today. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar