Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 85282 (PNJ)

ICICI HOME FINANCE LIMITED v. AJAY SINGH TOMER, IAS

COCP/3744/2025 · 2025-09-09

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA 208 ICICI Home Finance Limited through Authorized Signatory Shri Kumar Sh. Ajay Singh Tomer, IAS, Deputy Commissioner, Ambala CORAM: Present:- NIDHI GUPTA J. (Oral) proceedings against the respondent for not complying the order dated 14.5.2024 (Annexure P CWP No.11499 of 2019 titled as “Oriental B Punjab and others”. application of the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Intere Act, 2002 (SARFAESI Act) (Annexure P Collector, Ambala since March 2025. directions dated 14.5.2024 (Annexure P this Court in CWP No.11499 of 2019 titled as “Oriental Bank of Commerce vs. State of Punjab and others”, it was incumbent upon the COCP-3744-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.3744 of 2025 (O & M) Date of decision : ICICI Home Finance Limited through Authorized Signatory Shri Versus Sh. Ajay Singh Tomer, IAS, Deputy Commissioner, Ambala CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Rishabh Gupta, Advocate for the petitioner. Mr. Priyavrat Parashar, AAG, Haryana. GUPTA J. (Oral) Prayer in this petition is for initiation of contempt proceedings against the respondent for not complying the order dated 14.5.2024 (Annexure P-1) passed by a co-ordinate Bench of this Court in CWP No.11499 of 2019 titled as “Oriental B Punjab and others”. It is submitted by learned counsel for the petitioner that the application of the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Intere Act, 2002 (SARFAESI Act) (Annexure P-2) is pending before the District Collector, Ambala since March 2025. It is submitted that the compliance in conformity with general directions dated 14.5.2024 (Annexure P-1) passed by the Division Bench of ourt in CWP No.11499 of 2019 titled as “Oriental Bank of Commerce vs. State of Punjab and others”, it was incumbent upon the 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 3744 of 2025 (O & M) Date of decision :-09.09.2025 ICICI Home Finance Limited through Authorized Signatory Shri Amit …..Petitioner Sh. Ajay Singh Tomer, IAS, Deputy Commissioner, Ambala …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Priyavrat Parashar, AAG, Haryana. Prayer in this petition is for initiation of contempt proceedings against the respondent for not complying the order dated ordinate Bench of this Court in CWP No.11499 of 2019 titled as “Oriental Bank of Commerce vs. State of It is submitted by learned counsel for the petitioner that the application of the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest 2) is pending before the District It is submitted that the compliance in conformity with general 1) passed by the Division Bench of ourt in CWP No.11499 of 2019 titled as “Oriental Bank of Commerce vs. State of Punjab and others”, it was incumbent upon the VIJAY ASIJA 2025.09.10 20.38 I attest to the accuracy and integrity of this document District Magistrate/Metropolitan Magistrate to decide the same within the statutory period of 30 days. It is contended that the sa so far. Report dated 06.8.2025 by way of affidavit of Shri Ajay Singh Tomer, IAS, Deputy Commissioner, Ambala. The same is taken on record. Copy thereof is supplied to lear directed to tag the same at appropriate place in the case file. dated 04.8.2025 (Annexure R submits that the application of the petitioner under Section 14 of the SARFAESI Act (Annexure P petitioner submits that since the compliance has been made and the application of t (Annexure P present contempt petition. September 0 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-3744-2025 (O & M) District Magistrate/Metropolitan Magistrate to decide the same within the statutory period of 30 days. It is contended that the sa Learned counsel for the respondent has filed the Compliance Report dated 06.8.2025 by way of affidavit of Shri Ajay Singh Tomer, IAS, Deputy Commissioner, Ambala. The same is taken on record. Copy thereof is supplied to learned counsel for the petitioner. The Registry is directed to tag the same at appropriate place in the case file. Learned counsel for the respondent refers to the copy of order dated 04.8.2025 (Annexure R-1) annexed with the Compliance Report and that the application of the petitioner under Section 14 of the SARFAESI Act (Annexure P-2) has been disposed of. In view of the facts noted above, learned counsel for the petitioner submits that since the compliance has been made and the application of the petitioner under Section 14 of the SARFAESI Act (Annexure P-2) has been disposed of, he may be permitted to withdraw the present contempt petition. Permitted to do so. Dismissed as withdrawn. Rule stands discharged. Pending application(s), if any, shall stands disposed of. September 09, 2025 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 District Magistrate/Metropolitan Magistrate to decide the same within the statutory period of 30 days. It is contended that the same has not been done Learned counsel for the respondent has filed the Compliance Report dated 06.8.2025 by way of affidavit of Shri Ajay Singh Tomer, IAS, Deputy Commissioner, Ambala. The same is taken on record. Copy ned counsel for the petitioner. The Registry is directed to tag the same at appropriate place in the case file. Learned counsel for the respondent refers to the copy of order 1) annexed with the Compliance Report and that the application of the petitioner under Section 14 of the 2) has been disposed of. In view of the facts noted above, learned counsel for the petitioner submits that since the compliance has been made and the he petitioner under Section 14 of the SARFAESI Act 2) has been disposed of, he may be permitted to withdraw the y, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.09.10 20.38 I attest to the accuracy and integrity of this document