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CDJ 2026 MPHC 031 print Preview print print
Court : High Court of Madhya Pradesh (Bench at Gwailor)
Case No : Writ Petition No. 1714 Of 2026
Judges: THE HONOURABLE MR. JUSTICE ANAND PATHAK & THE HONOURABLE MR. JUSTICE ANAND SINGH BAHRAWAT
Parties : Cholamandalam Investment And Finance Company Ltd Versus The State Of Madhya Pradesh & Others
Appearing Advocates : For the Petitioner: Rahul Yadav, Advocate. For the Respondents: S.S. Kushwah, Govt. Advocate.
Date of Judgment : 23-01-2026
Head Note :-
Constitution of India - Article 226 -

Comparative Citation:
2026 MPHC-GWL 2997,
Judgment :-

Anand Pathak, J.

1. The petitioner company has preferred the present petition under Article 226 of the Constitution of India seeking following reliefs:-

          "i) That, the respondents No.2 & 3 may be directed to get the possession delivered to the petitioner by acting upon the order annexure P/1 in a stipulated time limit.

          ii) any other relief deemed fit and expedient in the facts of the case may also be granted to the petitioner.

          iii) Cost of the petition be also awarded to the petitioner.

2. Facts of the case are that petitioner/Cholamandalam Investment and Finance Company Ltd has landed money/loan to the borrowers and they committed default in paying the same, therefore, proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For breveity "SARFAESI Act") were initiated against them. However, as per Sections 13 & 14 of the SARFAESI Act, possession of the secured assets has not been handed over.

3. At the out set, learned counsel for the petitioner referred the order dated 27-02-2024 passed by the Coordinate Bench of this Court in a bunch of writ petitions, in which Writ Petition No.2078 of 2023 (IIFL Home Finance Ltd. Vs. The State of M.P. and Others)Vs. The State of M.P. and Others) was the leading case and seeks parity. He prays that directions issued in those bunch of petitions shall be issued in the present case also.

4. Learned counsel for the respondents/State fairly submits that respondents shall proceed in accordance with law. However, he submits that looking to the drive undertaken by Municipal Corporation, Gwalior for Green Gwalior - Clean Gwalior under "Swaccha Bharat Mission", a fund has been created in this regard. Therefore, if the petitioner also contributes voluntarily, then it would be a welcome gesture on the part of the petitioner company.

5. Considering the request, counsel for the petitioner company fairly submits that he shall contribute its social obligation and undertakes to deposit Rs.5,000/- (Rupees Five Thousand) voluntarily in the Account of Nagar Nigam Gwalior (Swachhata Penalty Evam Garbage) bearing Account No.4051626318 of Kotak Mahindra Bank, Branch Gwalior (IFSC Code : KKBK0005927).

6. Appreciating the gesture, petitioner is permitted to do so voluntarily.

7. Heard.

8. In the case of IIFL Home Finance Ltd. (supra), certain directions were given to the District Administration/Collector to ensure compliance of provisions as contained in the SARFAESI Act. Those directions for ready reference are reiterated as under:-

          "1.(a) Petitioners, seeking completion of proceedings and order to be passed under Section 14 of the SARFAESI Act by the Collector, shall approach the Collector with the order passed today to complete the proceedings expeditiously and pass order under Section 14 of the SARFAESI Act as well as for timely execution of the order.

          1.(b) The Collector shall pass the order under Section 14 of the SARFAESI Act as early as possible preferably within four weeks from the date of submission of certified copy of this order. Thereafter, the Collector shall ensure execution of the order in a time bound programme as directed by the Divisional Commissioner.

          2.(a) Petitioners, seeking execution of the order passed under Section 14 of the SARFAESI Act by the respective Collector, shall approach the Collector with the order passed today for timely execution of the order passed under Section 14 of the SARFAESI Act.

          2.(b) The concerned Collector shall adhere to a time bound schedule for expeditious execution of the order passed under Section 14 of the SARFAESI Act.

          3. In all such cases, where DRT has passed interim orders against proceedings initiate under Section 13(2) and/ or 13(4) of the SARFAESI Act, the Collector shall defer action under Section 14 of the SARFAESI Act till such interim orders are modified or vacated facilitating completion of proceedings under Section 14 of the SARFAESI Act or the execution of orders passed under Section 14 of the SARFAESI Act."

9. Considering the submissions advanced, this writ petition is disposed of with a direction to the District Administration/Collector to ensure compliance of the directions as issued in the earlier bunch of writ petitions referred above and do the needful as sought by the petitioner/Cholamandalam Investment and Finance Company Ltd in accordance with law.

10. Looking to the fact that the order was passed by District Magistrate, Guna on 04.07.2025 and concerned Tahsildar had to comply the said order without fail on an urgent note, but he failed to do so. Therefore, he is directed to do the needful within one month to avoid any adversity.

11. With the aforesaid, the writ petition stands disposed of.

 
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