BAJAJ HOUSING FINANCE LTD. v. STATE OF CHHATTISGARH
WPC/6160/2025 · 2025-11-24
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57004 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57004 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:57265
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6160 of 2025 Bajaj Housing Finance Ltd. Through Its Authorised Officer Deepak Kumar Shukla, S/o R.S. Shukla, Having Its Concerned Branch Office At 1st Floor, Sky Park, Ravi Nagar, G.E. Road, Near Collectorate Square, Raipur - 492001, Chhattisgarh And Corporate Office At Cerebrum It Park, B2 Building, 5th Floor, Kumar City, Kalyani Nagar, Pune, Maharashtra - 411014
... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - The District Collector And District Magistrate Raipur District Raipur (C.G.) 3 - Saroj Prasad R/o H.No. Hig - 11/47, Sec - 29, New Raipur, Chhattisgarh - 492001
... Respondents For Petitioner : Mr. Jai Prakash Shukla, Advocate For Respondents-State : Mr. Rishabh Bisen, Panel lawyer Hon’ble Justice Shri Parth Prateem Sahu, Judge
Order on Board 25.11.2025
1. Petitioner has filed this writ petition seeking following reliefs:- ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.26 10:43:38 +0530
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“10.1 Issue a writ of mandamus directing respondent no. 2 District Magistrate Raipur to immediately conclude proceedings in Case no. 239 B-121, year 22-23, Village Gudhiyari;. 10.2 Issue a writ of mandamus directing respondent no. 2, District Magistrate Raipur to take possession or cause the possession of the secured asset to be taken over through the court commissioner/receiver or otherwise and hand over the same to the authorized officer of the petitioner company; 10.3 Issue a writ of mandamus directing respondent no. 2, District Magistrate, Raipur to provide necessary police force to enable taking over the physical possession of the property and provide assistance in breaking the locks of the secured asset if found locked; 10.4 Pass any other order the Hon’ble Court may deem fit in the interest of justice.”
2. Learned counsel for petitioner submits that District Magistrate, Raipur while considering the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, reserved the order for 10.03.2025, however, till date order has not been passed.
3. Learned counsel for State submits that as per his instructions orally received from the concerned District Magistrate, it is informed that
order on the date fixed i.e. 10.03.2025 could not be passed at the request of counsel representing there on behalf of petitioner, requesting for some time for filing additional documents. He submits that according to instructions, within a period of three days, final order on application under Section 14 of the Act of 2002 will be passed.
4. I have heard learned counsel for respective parties and perused the documents enclosed along with this writ petition.
5. According to the provision under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, District Magistrate shall pass order within a period of 30 days and for reasons beyond control, he may after
3 recording reasons in writing for the same, pass the order within such period not exceeding in aggregate sixty days.
6. In view of submission made by counsel for State based on instructions received from the competent authority that the order will be passed within a period of 3 days, this writ petition is disposed of directing respondent no. 2 to pass an order on an application under Section 14 of the Act of 2002, expeditiously, preferably within a further period of 10 days from the receipt of copy of this Order.
7. With the aforementioned direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza