1 2025:CGHC:51421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5433 of 2025 IIFL Home Finance Limited Through Ashok Kumar Awasthi S/o Gopal Lal Sharma Aged About 42 Years Working As Senior Manager Having Branch Office At F-101, 1st Floor, Singapore Business Park, Anoop Nagar, Indore, Madhya Pradesh 452001. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Law And Legislative Affairs, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur, Chhattisgarh. 2 - The Tehsildar Tehsil Raipur, Distt. Raipur, Chhattisgarh. 3 - Ajay Pandey S/o Baleshwar Pandey, R/o Patwari Halka Number 36, Village Sondogari Cghb Housing Project Imperial Heights, Flat Number Bl 2/202 Second Floor Kabir Nagar, Raipur, Chhattisgarh. 4 - Neha Pandey W/o Ajay Pandey, R/o Patwari Halka Number 36, Village Sondogari Cghb Housing Project Imperial Heights, Flat No. Bl 2/202 Second Floor, Kabir Nagar, Raipur, Chhattisgarh. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Ritesh Sharma, Advocate. For Respondent-State : Mr. Ajit Singh, GA. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 15.10.2025 2 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “RELIEF(S) SOUGHT :- 10.1. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, or direction to the Tahsildar, Raipur, District Raipur (C.G.), to take physical possession of the mortgaged property and hand over the same to the Petitioner, in compliance with the order passed by the Chief Judicial Magistrate, Raipur, under Section 14 of the SARFAESI Act, 2002, within a period of two weeks or such time as this Hon'ble Court deems fit, in the interest of justice. 10.2. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, or direction in light of the order dated 26/06/2025 passed by the Hon'ble Division Bench of the High Court of Madhya Pradesh in Writ Petition No. 17896 of 2025 (ANNEXURE-P/5), in the interest of justice. 10.3 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. Learned counsel appearing for the petitioner submits that on 30.04.2025, order has been passed by the Chief Judicial Magistrate, Raipur under Section 14 of the SARFAESI Act, 2002. The borrower/respondent Nos.3 & 4 have not filed any application/appeal before the Debt Recovery Tribunal (DRT), despite that the final order has been passed on 30.04.2025. He further contended that order of learned CJM, Raipur has not been executed by the concerned Tahsildar till date. Hence, petitioner came-up before this Court with aforementioned reliefs/prayer. In support of his case, he places reliance upon the decision of the 3 Hon’ble Supreme Court in the matter of R.D. Jain & Co. versus Capital First Limited and Others, 2023(1) SCC 675. 3. Heard learned counsel for the parties. 4. In the matter of R.D. Jain (supra), the hon’ble Supreme Court has laid down the principles that as mandate by Section 14 of the SARFAESI Act. 5. The order under Section 14(1) of the SARFAESI Act after being satisfied in that regard to take possession of the secured assets and documents relating thereto and to forward the same to the secured creditor at the earliest opportunity within a period of 30 days from the date of filing of application, which can be further extended but not exceeding in the aggregate, 60 days. 6. In view of above discussion/observation, respondent No.2/Tehsildar is directed to comply with the order dated 30.04.2025 passed by learned Chief Judicial Magistrate in accordance with rule/law, within maximum period of 60 days from the date of production of copy of this order. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-