2026:CGHC:13061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 313 of 2026 Cholamandalam Investment And Finance Limited A Company Incorporated Under The Companies Act, Through Authorised Signatory Arshad Hussain Having Head Office At Chola Crest, C 54-55 And Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600032, Branch Office At 7th Floor, Currency Tower, Vip Chowk, Telibandha, Raipur, Chhattisgarh.

... Petitioner(s)

versus

1 - Savitri Gurjar W/o Parmeshwar Gurjar Aged About 38 Years R/o Village Jhagarkhand, Post Neosa, Tehsil - Pendraroad, District - Gaurela Pendra Marwahi, Chhattisgarh 495117

2 - Parmeshwar Gurjar S/o Uday Narayan Gurjar Aged About 46 Years R/o Village Jhagarkhand, Post Neosa, Tehsil - Pendraroad, District - Gaurela Pendra Marwahi, Chhattisgarh 495117

3 - Savitri Material Supplier Through Proprietor Savitri Gurjar Ward No.4, Rest House Road, Pendra Road, District - Gaurela Pendra Marwahi, Chhattisgarh

495117 ... Respondent(s)

For Petitioner(s) : Mr. Priyanshu Gupta, Advocate Hon'ble Shr i Justice Ravindra Kumar Agrawal, J.

Order on Board

18/03/2026

1. The present writ petition is filed under Article 227 of the Constitution of India to direct the learned Chief Judicial Magistrate, Pendraroad, District - Gaurela Pendra Marwahi (C.G.) to decide the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) at the earliest.

2. Learned counsel for the petitioner would submit that the respondents No. 1 to 3 had approached the petitioner herein for availing loan and had mortgaged property against the said loan, since the said loan was not being repaid by the respondents, the petitioner after complying with the provisions of the SARFAESI Act had preferred an application before the learned Chief Judicial Magistrate, Pendraroad, District - Gaurela Pendra Marwahi (C.G) under Section 14 of the SARFAESI Act to get the physical possession of the property mortgaged by the respondents with the petitioner while availing loan from the petitioner which has been registered as MJC Criminal Case No.11/2026. The application has been preferred by the petitioner before the learned Chief Judicial Magistrate on 21.01.2026 on which date, the learned Chief Judicial Magistrate even after oral request by the petitioner proceeded to issue notice for the appearance of the respondents and the next date was given for 05.02.2026 on which date, the learned Chief Judicial Magistrate had again passed an order for issuance of notice for the appearance of the respondents. He would further submit that it is a settled law that the act of Chief Judicial Magistrate in disposing the application under Section 14 of the SARFAESI Act is a ministerial step and no adjudication of any manner has to be done and it is also a settled preposition reiterated by the High Court of Madhya Pradesh in the matter of Aditya Birla Finance Limited v Shri Carnet alias Fernandes Vemalayam (Writ Appeal No. 784 of 2018) vide order dated 13.03.2018 and also by this Hon'ble Court in the matter of M/s Aditya Birla Finance Limited v The District Magistrate in WPC No. 1234 of 2023 vide order dated 15.03.2023 that issuance of notice for appearance of the debtor is not required, therefore, the learned Chief Judicial Magistrate, Pendraroad, District - Gaurela Pendra Marwahi (C.G.) may be directed to decide the application under Section 14 of the SARFAESI Act of the petitioner at the earliest.

3. So far as the proceedings drawn by learned Chief Judicial Magistrate, Pendraroad under Section 14 of the SARFAESI Act is concerned, particularly on the issue whether notice has to be issued under Section 14 or not, it would be relevant at this juncture to refer to a recent Division Bench Judgment of the Madhya Pradesh High Court in the case of Aditya Birla Finance Limited Vs. Shri Carnet Elias Fernandes Vermalayam decided on 13.07.2018 wherein the Division Bench in very categ