Mahesh Dwarka Das Sachdev and Another v. State of Chhattisgarh and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(Online)(Chh) 131

CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, J.
Mahesh Dwarka Das Sachdev and Another v. State of Chhattisgarh and Others

Table of Content
1. details surrounding petition for quashing orders on mortgage possession. (Para 1 , 2)
2. controversy over appealability of actions under section 14. (Para 4 , 5)
3. arguments regarding jurisdiction and prior remedies available. (Para 10 , 11)
4. final decision on the maintainability of the petition. (Para 12 , 13 , 14)

1. In this petition under Art.226 of the Constitution of India, the petitioners would pray for quashment of the orders dated 13.04.2015 & 20.07.2015 passed by the respondent No. 2, Collector / District Magistrate, Raipur directing delivery of possession of the mortgaged property to the respondent No. 3, India Bulls Housing Finance Limited. By the second order, the District Magistrate has rejected the petitioners' application for review of the previous order dated 13.04.2015.

2. The petitioners had obtained loan of Rs.48,50,000/-, Rs.40,34,542/- and Rs.1,22,00,000/- for their business and for construction of house as well. The loan facility was secured by creating mortgage of the residential property bearing plot Nos. C - 94/2 and C - 95/2 situated at Scheme No. 2 of the Raipur Development Authority, Devendra Nagar, Phaphadih, Raipur. On petitioners' fai