1 2025:CGHC:8711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5125 of 2024 1 - Kotak Mahindra Bank Having Its Registered Office At 27 Bkc C27, G Block Bandra Kurla Complex Bandra (East) Mumbai- 400051, Through Its Authorized Signtory Shri Kuldeep Mathur S/o Shri J.P. Mathur, Age About 32 Years Authorized Singnatory Of Kotak Mahindra Bank Having Its Address 1st Floor Mukt Prayag Complex Near Nirankari Furniture Pandri Raipur (C.G.) ... Petitioner(s) versus 1 - The Tehsildar Bilaspur (C.G.) 495001 2 - M/s Shri Shivam Medical Stores Through Having Address At Ward No. 02 Khasra No. 320-12,320-13 Plot No. 111- 5 ,112- 7, Ig, 3rd Floor Kududand Mungeli Bilasspur (C.G.) 495001 3 - Mr. Satish Kumar Gupta Through Having Address At Ward No. 02 Khasra No. 320-12,320-13 Plot No. 111- 5 ,112- 7, Ig, 3rd Floor Kududand Mungeli Bilasspur (C.G.) 495001 4 - Mr. Shiv Gupta Through Having Address At Ward No. 02 Khasra No. 320-12,320-13 Plot No. 111- 5 ,112- 7, Ig, 3rd Floor Kududand Mungeli Bilasspur (C.G.) 495001 5 - Mr. Mahesh Kumar Gupta Through Having Address At Ward No. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.21 17:15:05 +0530 2 02 Khasra No. 320-12,320-13 Plot No. 111- 5 ,112- 7, Ig, 3rd Floor Kududand Mungeli Bilasspur (C.G.) 495001 ... Respondent(s) For Petitioner(s) : Mr. Anshuman Shrivastava, Advocate For Respondent/State : Mr. Khulesh Sahu, Panel Lawyer. For Respondents : Mr. Dinesh Tiwari, Advocate. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 19/02/2025 1. By this present writ petition, the petitioner seeking a direction towards the respondent No.1/The Tahsildar, to comply the order passed by the learned Chief Judicial Magistrate, Bilaspur and provide the physical possession of the mortgaged property to the petitioner, preferably within a period of 30 days. 2. Learned counsel for the petitioner submits that on the application under Section 14(1) of the SARFAESI Act, 2002, the C.J.M. Bilaspur has passed an order dated 16/02/2024. After the said order, the Tahsildar issued notice to the borrower. He further submits that once the order has been passed by the C.J.M., the Tahsildar should comply with the order of the C.J.M. expeditiously as per the provision prescribed under Section 14(1) under the SARFAESI, Act, 2002. 3. Learned counsel for the State/respondent would submit that as the C.J.M. has already passed an order on 16/02/2024, the Tahsildar will act expeditiously to take over the possession of 3 the property in question, in accordance with the SARFAESI Act, 2002. 4. I have heard learned counsel for the parties and perused the order of the C.J.M. 5. From perusal of record, it appears that the C.J.M. has passed the order on 16/02/2024 and thereafter, the Tahsildar should act immediately pursuance to the order passed under Section 14(1) SARFAESI Act, 2002, hence, the Tahsildar is directed to take immediate steps for compliance of the order of the CJM dated 16/02/2024 by proceeding expeditiously to take over the possession of the property in question. 6. With the aforesaid observation and directions, the writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep