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2025 DAILYLAW 47179 (CHH)

CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED (CIFCL) v. THE UNION OF INDIA

WA/760/2025 · 2025-10-27

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:52370-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 760 of 2025 Cholamandalam Investment And Finance Company Limited (Cifcl) Having Corporate Office At Chola Crest, C54-55 And Super B-4, Thiru- Vi-Ka Industrial Estate, Guindy, Chennai- 600032, Through Pushpendra Choudhary, Legal Manager Of The Company And Power Of Attorney Holder ... Petitioner(s) versus 1. The Union Of India Through Department Of Financial Services Ministry Of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi- 110001 2. State Of Chhattisgarh Through Director, Directorate Of Institutional Finance, Finance Department, Government Of Chhattisgarh, Indravati Bhavan, Naya Raipur, Chhattisgarh 3. Reserve Bank Of India Through Governor, Reserve Bank Of India, 4th Floor, Amar Building, Sir P.M. Road Mumbai- 400 001 (M.S.) 4. Banking Ombudsman Reserve Bank Of India Regional Office Raipur, Subhashish Parisar Satya Prem Vihar, Mahadev Ghat Road, Sunder Nagar, District Raipur, Chhattisgarh 5. Finnable Technologies Private Limited Having Registered Office At Indiqube Lakeside, 4th Floor Municipal No. 80/2 Wing A, Bellandur Village, Varthur Hobli, Bengaluru, Karnataka, 560103 6. Aditya Birla Capital Limited Having Corporate Office At 18th Floor, Tower 1, One World Centre, Jupiter Mill Compound, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai- 400 013 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.10.29 10:38:18 +0530 2 7. Axis Bank Limited Having Its Registered Office At Trishul, Opposite Samartheshwan Temple, Ellis Bridge, Ahmedabad- 380006 8. Piramal Capital And Housing Finance Limited Having Its Registered Office At 601, 6th Floor, Amiti Building, Agastya Corporate Park, Kamani Junction, Opp. Fire Station, Lbs Marg, Kurla (W) Mumbai, M.H. 9. Yes Bank Limited Having Its Head Office At Yes Bank Tower, I.F.C. 02, 23rd Floor, Senapati Bopat Marg, Elphinestone (W), Mumbai 400013, M.H. 10. Bank Of Baroda Having Its Registered Office At Baroda House, Mandvi, Baroda- 390001 11. ICICI Bank Limited Having Its Registered Office At Icici Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara 390007, Gujarat 12. Paysense Services India Private Limited Having Registered Office At Empressa Building, Fourth Floor, Second Road, Khar West, Mumbai- 400 052, Maharashtra 13. State Bank Of India Having Registered Office At Corporate Centre, State Bank Bhavan, Madame Cama Road, Nariman Point, Mumbai, Maharashtra 400021 14. Collector District Raipur C.G. 15. Collector District Bilaspur, C.G. 16. Collector District Mahasamund C.G. 17. Collector District Kanker, C.G. 18. Collector District- Surguja, C.G. 19. Collector District- Gaurela Pendra Marwahi, C.G. 20. Collector District Mohla- Manpur- Ambagarh- Chowki, C.G. 21. Collector District Durg, C.G. 22. Collector District Sukma, C.G. 23. Spash Advisor Private Limited Through Its Proprietor Manoj Kumar Pradhan, Having Registered Office At Office No. Ff, 1st Floor, Dm Plaza, Naighar Chowk, Chhota Para, Raipur, Chhattisgarh 24. Spash Advisor Private Limited Through Its Proprietor Manoj Kumar Pradhan, Having Branch Office At Behind Vashundhara City Mall, Near Tulsi Chowk, Gangapur, Ambikapur, Surguja, Chhattisgarh- 497001 3 25. Omprakash Koshima S/o Shri Sukhnandan Singh Koshima Aged About 42 Years Presently Posted As Lecturer In Government Ayurved Medical College, Bilaspur, Chhattisgarh, R/o. Type- Ii, B.S.N.L. Colony, Rajkishor Nagar, Bilaspur, District- Bilaspur, Chhattisgarh (Writ Petitioner No.- 1) (Loan Sanction On 22-02-2024) 26. Rajkumar Koushal S/o Shri Shyamsing Koushal Aged About 39 Years Presently Posted Ayurveda Medical Officer In Government Ayurvedic Dispensary Badekanera, Charama District- Kanker, Chhattisgarh R/o Bhuigaon, Post- Khartha, Tehsil- Charama, District Kanker, Chhattisgarh (Writ Petitioner No.-2) 27. Shyama Thakur W/o Shri Bedram Thakur Aged About 34 Years Presently Posted Teacher At Government Primary School, Bhanpuri, Village- Junwani, Charama, District- Kanker, Chhattisgarh R/o. Ward No. 15, Junwani, Charama, District Kanker, Chhattisgarh (Writ Petitioner No.-3) 28. Bhagirathi Gawde S/o Shri Bisnath Gawde Aged About 47 Years Presently Posted Constable At Biljapur, Mithul, Kilepar, Haradula, Charama, District- Kanker, Chhattisgarh, R/o. Ward No. 2, Kilepar, Haradula, Charama, District- Kanker, Chhattisgarh (Writ Petitioner No. 4) 29. Bhupendra Marapi S/o Late N.R. Marapi Aged About 28 Years Presently Posted At Ayurveda Medical Officer On Government Ayurvedic Dispensary Badakanera, Kondagoan, R/o. Village- Nirachhindali, P.O. Singanpur, The- Keshkal, District- Kandagoan, Chhattisgarh (Writ Petitioner No.5) 30. Omprakash Ratre S/o Shri Kanhai Ratre Aged About 41 Years Presently Posted Teacher In Government Middle School, Chinouri, Block- Charama, Kanker, District- Kanker, Chhattisgarh, R/o. Ward No. 01, Nakapara Charama, Tehsil- Charama, District- Kanker, Chhattisgarh (Writ Petitioner No.- 6) 31. Dharmendra Kumar Banjare S/o Late Shri Rikhiram Banjare Aged About 45 Years Presently Posted Formen, Cseml, Siltra, District- 4 Raipur, Chhattisgarh R/o. House No. K-42, Classic City, Tekari Road, Parsulidih, District Raipur, Chhattisgarh (Writ Petitioner No.- 7) 32. Hari Lal Poya S/o Shri Jarha Ram Poya Aged About 37 Years Presently Posted At Lecturer At Government Ayurved College, Bilaspur, R/o Om Nivas, Nearby Gayatri Pragya Peeth, Chatidih, Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh (Writ Petitioner No. 8) ... Respondent(s) For Petitioner : Mr. Hemant Gupta, Advocate For Respondents/ State: Mr. S.S. Baghel, Dy. G.A. For Respondent No. 1 : Mr. Bhupendra Pandey, Advocate For Respondent No. 10 : Mr. Vinod Deshmukh, Advocate For Respondent No. 11 : Mr. Pankaj Singh, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 28/10/2025 1. Heard Mr. Hemant Gupta learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Dy. G.A. for the respondents/ State, and Bhupendra Pandey, Mr. Vinod Deshmukh, and Mr. Pankaj Singh, respective counsels. 2. The petitioner has filed this petition praying for following relief:- I. That the Hon'ble court may set aside / quash the order dated 09-05-2025 passed in (Annexure A/1). II. That, or in alternate relief, the Hon'ble court may kindly be pleased (sic please) to expunge (sic sponge) the second part of the Order of "Till the application for interim relief is decided by the Banking Ombudsman, the Bank authorities are 5 directed not to take any coercive steps against the petitioner." III. Any other relief or relief(s) which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case, may also kindly be granted 3. Learned counsel for the petitioner seeks permission of this court to withdraw the instant petition with liberty to take recourse to law before appropriate forum. 4. Learned counsel for the respondents have no objection. 5. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty. 6. Certified copy of the documents annexed in the appeal, if any, may be returned back to the counsel for the petitioner/ State after obtaining the photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti