CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED v. STATE OF RAJASTHAN
CW/17204/2024 · 2025-11-20
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46459 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46459 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:47073] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17204/2024 Cholamandalam Investment And Finance Company Limited, Through Its Authorized Officer Sh. Sandeep Kumar Having Its Registered Office At Chola Crest, C54-55, And Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai- 600032 And Branch Office At 5Th And 6Th Floor, Plot No. 306, 308, 309 Gomes Defence Colony, Vaishali Nagar, Jaipur- 302021, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.
2. Deputy Commissioner Of Police, Jaipur (West), Collectorate Circle, Bani Park, Jaipur - 302016 Rajasthan.
3. Station House Officer, Police Station Bhankrota, Jaipur (West), Ajmer-Jaipur Expressway, Bhankrota, Jaipur-302026Rajasthan.
4. Deepak Kumar Vaidh S/o Late Sh. Radheyshyam Vaidh, Resident Of Plot No. 49, Bhankrota, Sanganer, Jaipur-302026, Rajasthan. Also At- Deepak Kumar Vaidh S/o Late Sh. Radheyshyam Vaidh Resident Of Plot No. 2, Bhankrota, Sanganer, Jaipur-302026, Rajasthan.
5. Smt. Anita Devi W/o Ashok Kumar Vaidh, Resident Of Plot No. 49, Bhankrota, Sanganer, Jaipur-302026, Rajasthan.
6. Ashish Vaidh S/o Ashok Kumar Vaidh, Resident Of Plot No. 49, Bhankrota, Sanganer, Jaipur-302026, Rajasthan.
7. Smt. Rekha Vaidh W/o Deepak Kumar Vaidh, Resident Of Plot No. 49, Bhankrota, Sanganer, Jaipur-302026, Rajasthan.
8. Ashok Kumar Vaidh S/o Late Sh. Radheyshyam Vaidh, Resident Of Plot No. 02, Bhankrota, Sanganer, Jaipur-302026. Also At- Ashok Kumar Vaidh S/o Late Sh. Radheyshyam Vaidh Resident Of Plot No. 2, Bhankrota, Sanganer, Jaipur-302026, Rajasthan. ----Respondents For Petitioner(s) : Ms. Neha Sharma for Mr. Vineet Sharma For Respondent(s) : Mr. Munendra Singh Fouzdar for Mr. Somitra Chaturvedi, G.C.
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 20/11/2025
1.
Learned counsel for the petitioners has submitted that despite the
order passed by the learned Chief Metropolitan Magistrate, Jaipur Metropolitan, Jaipur on 30.05.2018 for taking over the physical
[2025:RJ-JP:47073] (2 of 2) [CW-17204/2024] possession of the properties in question with the assistance of police, the original owners, i.e. respondent Nos.4 to 8, have again taken over the possession of the mortgaged properties.
2.
Learned counsel for the petitioner makes a limited prayer that the respondent Nos.2 & 3 may be directed to provide requisite police assistance to the petitioner in order to take over the possession of the secured assets by depositing requisite fees.
3. Thus, in light of the limited prayer made by the learned counsel for the petitioner, this Court deems it appropriate to dispose of the writ petition with a direction to the respondent Nos.2 & 3 to provide requisite assistance to the petitioner – finance company for taking over the possession of the secured assets strictly in accordance with law, if petitioners deposit requisite fees.
4. Stay application, as well as other pending applications, if any, also stand disposed of.
(SANJEET PUROHIT),J SAHIL SONI /92