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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, PUSHPENDRA YADAV
Cholamandalam Investment And Finance Company Ltd. – Appellant
Versus
State of Madhya Pradesh – Respondent
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.”
2. Precisely stated facts of the case, giving rise to the present petition are that petitioner is a financial institution as defined under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Securitization Act”). Petitioner company extended the loan facility to the borrower in lieu of property mortgaged by the borrower. Thereafter, since borrower failed to pay the loan amount, therefore, petitioner issued a notice under Section 13 (2) of the the Securiti
Secured creditors are entitled to assistance from authorities to restore possession of mortgaged property if the borrower unlawfully reenters, as per Securitization Act provisions.
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....
Point of Law : Records produced, explicitly show the absence of any bonafide or real disputed questions of fact, this Court must step in to aid enforcement of rule of law.
The jurisdiction of the Civil Court is completely barred in so far as those matters, which would fall for adjudication within the jurisdiction of the Tribunal.
District Magistrate must execute possession orders under Section 14 of the Act within 30 days, extending up to 60 days only if reasons are recorded.
Important Point :Whether secured creditor is entitled to possession of secured asset in possession of tenant from time much before creditor advanced loan?
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