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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
| Table of Content |
|---|
| 1. seeking restoration of secured property. (Para 2 , 3) |
| 2. discussion on adherence to the securitization act. (Para 4 , 5) |
| 3. illegality of borrower's possession. (Para 7 , 10 , 11) |
| 4. objectives and provisions of the securitization act. (Para 8) |
| 5. judgment precedent regarding re-execution of orders. (Para 14 , 15 , 16 , 17) |
| 6. court's directive to provide assistance to petitioner. (Para 18 , 19) |
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
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....
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