1 2025:CGHC:51624 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5449 of 2025 1 - Gajendra Kumar Chandrakar S/o Chhatrapal Chandrakar Aged About 28 Years (Principal Borrower) R/o Village Gorkapar Tahsil Gunderdehi District Balod Chhattisgarh 2 - Smt. Sunita Chandrakar W/o Chhatrapal Chandrakar Aged About 46 Years Mother Of Gajendra Kumar Chandrakar (Co-Borrower) R/o Village Gorkapar Tahsil Gunderdehi District Balod Chhattisgarh ... Petitioner(s) versus 1 - Hinduja Housing Finance Limited Through Its Authorized Officer Managing Director Address Corporate Office At No. 27 A, Development Plot, Guindy Industrial Estate, Guindy, Chennai 600032 2 - Mr. Vaibhav Shrivastav S/o Mr. P.K. Shrivastav Aged About 35 Years Regional Legal Manager Branch Office Pujari Chamber, Ground Floor, Opposite Axis Bank, Pachapedi Naka Raipur Chhattisgarh 492001 (Working For Profit At Regional Office Pujari Chamber, Ground Floor, Opposite Axis Bank, Pachapedi Naka, Raipur Chhattisgarh 492001) 3 - Mr. Vinay A Dubey S/o Mr. A.D. Dubey Aged About 35 Years Publicity And Process Officer Hinduja Housing Finance Limited, (Working For Profit At Regional Office Pujari Chamber, Ground Floor, Opposite Axis Bank, Pachapedi Naka, Raipur Chhattisgarh 492001) 4 - Mr. Maksedul Mandal Aged About 40 Years Mo. No. 8346902925 Publicity And Collection Officer Hinduja Housing Finance Limited, (Working For Profit At Regional Office Pujari Chamber, Ground Floor, Opposite Axis Bank, Pachapedi Naka, Raipur Chhattisgarh 492001) 2 5 - Mr. Indrajeet Singh Chandrawal Former Collector And District Magistrate, District Balod Chhattisgarh 6 - Tahsildar Through At Present Mr. Komal Prasad Dhrue Tahsil - Gunderdehi, Distt. Balod Chhattisgarh 7 - Mr. Shiv Mohan Thakur Mal Jamadar And Process Officer Of Tahsil Court Gunderdehi, Distt. Balod Chhattisgarh 8 - Smt. Divya Umesh Mishra At Present Collector And District Magistrate, Distt. Balod Chhattisgarh 9 - Superintendent Of Police Distt. Balod Chhattisgarh Collectorate, Balod Chhattisgarh 10 - Station House Officer Police Station Gunderdehi, Distt. Balod Chhattisgarh 11 - Principal Secretary Ministry Of Finance, Government Of India North Block, New Delhi – 110001 12 - State Of Chhattisgarh Thrugh Principal Secretary, Ministry Of Home, Govt. Of Chhattisgarh, Secretariat, Mahanadi Bhavan Atal Nagar - Nava Raipur Chhattisgarh 13 - Central Bureau Of Investigation (C.B.I.) Through Director - General Of C.B.I., Plot No. 5b 6th Floor C.G.O. Complex, Lodhi Road J. Nehru Stadium - Marg, New Delhi 110003 ---- Respondents For Petitioners : Mr. Avont Singh Chandrakar, Advocate For State : : Mr. Ajit Singh, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 16/10/2025 1. With the consent of counsel for the parties, the matter is heard finally. 2. This writ petition has been filed by the petitioners on the following relief(s) : 3 “10.1 That, this Hon'ble Court may kindly be pleased to set-aside the ex-parte impugned order/Judgment dated 22/07/2024 ANNEXURE P/1 passed by the Court of Hon'ble Respondent No. 5 former Collector & District Magistrate, District - Balod (C.G.) in case No Case No. 03/B-121 Year 2023-24, E 202312240100005 "Hinduja Housing Finance Limited-V/S-Mr. Gajendra Kumar Chandrakar and Mrs. Sunita Chandrakar", under Section 14(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 as well as under Section 14(2) impugned order/ Judgment dated 09/06/2025 ANNEXURE P/2 passed by the Court of Hon'ble Respondent No. 8 at present Collector & District Magistrate, SMT. Divya Umesh Mishra District - Balod (C.G.). 10.2 That the Hon'ble Court be pleased to quash the Case/claim of SARFAESI Act; claim petition No Case No. 03/B-121 Year 2023-24, E Court No. 202312240100005 "Hinduja Housing Finance Limited- V/S-Mr. Gajendra Kumar Chandrakar and Mrs. Sunita Chandrakar", under Section 14(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.2002 ANNEXURE P/7 and subsequently passed order/award/judgement on/over it, filed before the Court of Hon'ble Respondent No. 5 former Collector & District Magistrate, District - Balod (C.G.) against the Petitioners by Respondent No.1, 2, 3 and 4 HINDUJA HOUSING FINANCE LIMITED; by issuing a writ of Certiorari or any other writ deemed fit in the interest of justice. Kindly be pleased direct to Collector & District Magistrate, District Balod (C.G.), to provided an appropriate opportunity to the Petitioners for their defense either adduce by documents or by examine witnesses, if so needed. 10.3 That this Hon'ble Court may kindly be pleased to order the Respondent No.1, 2, 3 and 4 HINDUJA HOUSING FINANCE LIMITED to refund the Petitioners, additional paid amount to them of Rupees 4,19,442Rs. (Four Lakh nineteen thousand four hundred forty two Rupees) with same interest what so ever 4 imposed by HINDUJA HOUSING FINANCE LIMITED. 10.4 That, the Hon'ble Court be pleased to issue direction to the Respondent No. 13 CBI to investigate into the allegation made by the Petitioners against Respondent No.1, 2, 3 and 4 HINDUJA HOUSING FINANCE LIMITED in respect of an offence under BNS(Bharatiya Nyaya Sahita)2023, Under section 61{2} (a) Criminal conspiracy 318(3),3(5), Cheating. Under section 246, Dishonestly making false claim in Court, under section 247 Fraudulently obtaining decree for sum not due. Even against Respondent No.6, 7 and 8 being a Public Servant disobeying law, with intent to cause injury to the Petitioners, as being a public servant knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person/Petitioners, in respect of an offence under section 198 BNS and section 61(2)(a) BNS Criminal conspiracy. By issuing, a writ of Mandamus with direction to hold this investigation up to other Loan cases in customers of HINDUJA HOUSING FINANCE LIMITED, then complete the investigation against concerned culprit with a fixed period and submit a Challan in appropriate Court as early as possible. 10.5 That, the Hon'ble Court be pleased to order the Respondent No.11&12 Ministry of Finance Government of India and State of Chhattisgarh for instruction/Memorandum to Reserve Bank of India to exercise its power U/s 4 and 23,24,25,26,27,28,29 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002, by initiate Disciplinary action against Respondent No.1 HINDUJA HOUSING FINANCE LIMITED for removal of its name from the list of securitization companies for cancellation to its certificate of registration then inform to the Hon'ble Court what action has been taken, by issuing a writ of Mandamus or any other appropriate writ deemed fit in the interest of justice. 5 10.6 That the Hon'ble Court be pleased to mould the relief as when required. 10.7 That, the Hon'ble Court be pleased to issue any other relief, order or orders, writ or writs, direction or directions deemed fit in the interest of justice. 10.8 That any other relief which may deem fit and just in the fact and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel for the petitioners contended that the impugned order dated 22.07.2024 (Annexure P-1) has been passed by the Collector & District Magistrate, Balod, District Balod (C.G.) under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( hereinafter referred to as ‘the SARFAESI Act’) against the petitioners which is arbitrary and illegal. He further contended that without giving opportunity of hearing or without giving any notice to the petitioners, the Collector & District Magistrate, Balod has passed the said impugned order. He further contended that the notice has been published in english newspaper, therefore, the petitioner did not award about the notice and the petitioners could not appeared before the Collector & District Magistrate, Balod. He further contended that Section 31(i) of the SARFAESI Act in cases any security interest credited in agricultural land has been prohibited. Hence, this petition. 4. Learned counsel for the State opposes the submission made by the petitioners. 6 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the facts of the case and submission made by learned counsel for the parties. On perusal of the record, it reveals that the present case is related with the SARFAESI Act, 2002 and on perusal of the order impugned dated 22.07.2024 (Annexure P-1), it is crystal clear that notice has been published by the authority in english newspaper, but the petitioners could not appeared before the Collector & District Magistrate, Balod, District Balod (C.G.). There is statutory alternative remedy available to the petitioners to file application before the concerned Debt Recovery Tribunal (DRT), therefore, there is no ground to entertain this petition. 7. Accordingly, the instant petition is dismissed. However, petitioners are at liberty to file application before the concerned Debt Recovery Tribunal (DRT). Sd/- (Arvind Kumar Verma) Judge Vasant