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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, PUSHPENDRA YADAV
Au Small Finance Bank Ltd Having Its Registered Office At 19A Dhuleshwar Garden Through Its Authoris – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks restoration of possession. (Para 2) |
| 2. conflict between secured creditor and borrower. (Para 4 , 5) |
| 3. court reaffirms authority to provide assistance. (Para 6 , 10 , 11) |
| 4. securitization act supports creditor's rights. (Para 8) |
| 5. borrower's actions undermine legal process. (Para 12 , 13 , 18) |
| 6. previous rulings support creditor's recovery powers. (Para 14 , 15 , 16) |
| 7. court directs assistance for possession recovery. (Para 19) |
| 8. petition outcome: allowed and disposed of. (Para 20) |
ORDER :
Anand Pathak, J.
The present petition under Article 226 of the Constitution of India is preferred by the petitioner seeking following reliefs:
“i) That, this Hon’ble Court be pleased to issue directions to the respondent authorities to render necessary assistance with the aid and assistance of Police for restoration of secured assets in the hands of Authorized Officer of the petitioner in the light of the judgment passed in W.P.1681/2025.
ii) Authorities may be directed to take appropriate action against the borrowers for illegal act, iii) Any other relief deemed fit and expedient in the facts of the case may also be granted to the petitioner.”
Secured creditors are entitled to restoration of possession of mortgaged property without hindrance from borrowers, and authorities must provide assistance in enforcement as mandated by the Securitiz....
Secured creditors are entitled to assistance from authorities to restore possession of mortgaged property if the borrower unlawfully reenters, as per Securitization Act provisions.
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