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2025 DAILYLAW 9609 (CHH)

HINDUJA LEYLAND FINANCE LIMITED v. STATE OF CHHATTISGARH

WPC/1013/2025 · 2025-02-20

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:8820 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1013 of 2025 1 - Hinduja Leyland Finance Limited Through Authorized Officer Kirtiraj Deshmukh Corporate Office At -27a, Developed Industrial Estate, Guindi, Chennai, Tamilnadu, 600032 Branch Office At - Pujari Chambers Complex, Tikrapara, Near Pachpedinaka, Raipur, District Raipur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through District Magistrate, District Durg (C.G.). 2 - Tahsildar, Tehsil And District Durg (C.G.). 3 - M/s Kamdhenu Daily Needs, Through Proprietor Puneet Thakkar, R/o Lig 12/13, Chhattisgarh Housing Board Colony, Padmanabhpur, Jail Road, Near Vivekananda Bhavan, Durg, District Durg (C.G.). 4 - Punit Thakker S/o Dilip Thakker, Aged About 45 Years R/o Lig 12/13, Chhattisgarh Housing Board Colony, Padmanabhpur, Jail Road, Near Vivekananda Bhavan, Durg, District Durg (C.G.). 5 - Sobha Thakker W/o Dilip Thakker Aged About 41 Years R/o Lig 12/13, Chhattisgarh Housing Board Colony, Padmanabhpur, Jail Road, Near Vivekananda Bhavan, Durg, District Durg (C.G.). AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.21 17:14:32 +0530 2 6 - Dilip Thakker S/o Dinesh Chandra Thakker Aged About 39 Years R/o Lig 12/13, Chhattisgarh Housing Board Colony, Padmanabhpur, Jail Road, Near Vivekananda Bhavan, Durg, District Durg (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Faiz Kazi, Advocate on behalf of Mr. LukeshKumar Mishra, Advocate For Respondent/State : Mr. Ritesh Giri, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 20/02/2025 1. By this present writ petition, the petitioner seeking a direction towards the respondent No.2/The Tahsildar, to comply the order passed by the learned Chief Judicial Magistrate, Durg and provide the physical possession of the mortgaged property to the petitioner, preferably within a period of 30 days. 2. Learned counsel for the petitioner submits that on the application under Section 14(1) of the SARFAESI Act, 2002, the C.J.M. Durg has passed an order dated 22/09/2023. After the said order, the Tahsildar issued notice to the borrower dated 09/01/2024. He further submits that once the order has been passed by the C.J.M., the Tahsildar should comply with the order of the C.J.M. expeditiously as per the provision prescribed under Section 14(1) under the SARFAESI, Act, 2002. 3 3. Learned counsel for the State/respondent would submit that as the C.J.M. has already passed an order on 22/09/2023, the Tahsildar will act expeditiously to take over the possession of the property in question, in accordance with the SARFAESI Act, 2002. 4. I have heard learned counsel for the parties and perused the order of the C.J.M. 5. From perusal of record, it appears that the C.J.M. has passed the order on 22/09/2023 and thereafter, the Tahsildar should act immediately pursuance to the order passed under Section 14(1) SARFAESI Act, 2002, hence, the Tahsildar is directed to take immediate steps for compliance of the order of the CJM dated 22/09/2023 by proceeding expeditiously preferably within a period of forty days to take over the possession of the property in question. 6. With the aforesaid observation and directions, the writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep