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2024 Supreme(Online)(MP) 20723

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROHIT ARYA & HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI ON THE 27th OF FEBRUARY, 2024 WRIT PETITION No. 2078 of 2023 BETWEEN:- 1. IIFL HOME FINANCE LTD., HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN INFOTECH PARK ROAD NO.16 V, PLOT NO.B- 23, MIDC, THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE (MAHARASHTRA) 400604 THROUGH ITS AUTHORIZED OFFICER BALBER YADAV S/O SHRI SOBERAN SINGH YADAV AGE-49 YEARS OCCUPATION- MANAGER (AUTHORIZED OFFICER) IN IIFL HOME FINANCE LTD. OFFICE AT GROUND FLOOR D-1 BASANT VIHAR COLONY, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR TEHSIL MORAR CIRCLE GWALIOR , (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENT/STATE) WRIT PETITION No. 7906 of 2023 BETWEEN:- FIRM M/S GIRRAJ COLLECTION THROUGH ITS PROPRIETOR MAHESH UPADHYAY S/O SHRI DEENDAYAL UPADHYAY, AGED ABOUT 51 YEARS, OCCUPATION: BUSINESS R/O 12 ASHOK COLONY TANSEN NAGAR, DISTRICT GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI R.K. SONI - ADVOCATE) AND 1. INDIAN BANK (EARLIER ALLAHABAD BANK) THROUGH AREA MANAGER MAIN BRANCH S.D.M. ROAD, DISTRICT GWALIOR (MADHYA PRADESH) 2. INDIAN BANK (EARLIER ALLAHABAD BANK) THROUGH BRANCH MANAGER MAIN BARNCH S.D.M. ROAD, DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS WRIT PETITION No. 10652 of 2023 BETWEEN:- HDFC BANK LTD HAVING ITS REGISTERED OFFICE HDFC BANK HOUSE SENAPATI BAGPAT MARG, LOWER PAREL MUMBAI, 400021 THROUGH ITS AUTHORIZED OFFICER- CHINMAY PATHAK S/O SHRI B.P. PATHAK, AGE-37 YEARS, OCCUPATION- SERVICE AS LEGAL MANAGER, HDFC BANK LTD, HAVING OFFICE AT HDFC BANK, CITY CENTER, GWALIOR, M.P. .....PETITIONER (BY SHRI AJAY SHARMA- ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL MP (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR TEHSIL CITY CENTER, DISTRICT GWALIOR (MADHYA PRADESH) 4. AMIT DEEWAN S/O SHRI KISHAN BIHARI DEEWAN R/O - B-23, RAJENDRA PRASAD COLONY, NEAR GOVT. HOSPITAL DABRA DISTRICT GWALIOR, M.P. 5. SHRI KISHAN BIHARI DEEWAN S/O SHRI SHARMAN DWWAN OCCUPATION: . R/O FLAT NO. S-302, SURI NAGAR, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 17203 of 2023 BETWEEN:- INDIA SHELTER FINANCE CORPORATION LIMITED. HAVING ITS REGISTERED OFFICE AT PLOT NO.15, 6TH LEVEL, SECTOR 44, GURUGRAM, HARYYANA, 122002. HAVING BRANCH OFFICE AT PLOT NO.40, GROUND FLOOR, GANPATI PLAZA, BEHIND SALASAR MALL, CITY CENTER, GWALIOR, (M.P.) THROUGH ITS AUTHORIZED OFFICER ALOK KUMAR SHARMA S/O SHRI PRABHAT KISHORE SHARMA AGE 43 YEARS, OCCUPATION SENIOR LEGAL MANAGER IN INDIA SHELTER FINANCE CORPORATION LIMITED. .....PETITIONER (BY SHRI AJAY SHARMA- ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 17261 of 2023 BETWEEN:- IIFL HOME FINANCE LIMITED, HAVING ITS REGISTERED OFFICE AT IIFL HOUSE SUN INFOTECH PARK ROAD NO 16 V PLOT NO B-23 MIDC THANE INDUSTRIAL AREA, WAGLE ESTATE THANE MAHARASHTRA 400604 THROUGH ITS AUTHORISED OFFICER BALBER YADAV S/O SHRI SOBERAN SINGH YADAVAGE 49 YEARS, OCCUPATION MANAGER (AUTHORISED OFFICER) IN IIFL HOME FINANCE LIMITED OFFICE AT GROUND FLOOR D-1, BASANT VIHAR COLONY , GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE- CUM COLLECTOR GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL BAHODAPUR CIRCLE), DISTRICT GWALIOR (MADHYA PRADESH) 4. SOORAJ VERMA S/O SHRI JAGDISH PRASAD 5. JAGDISH PRASAD S/O SHRI RAMDAYAL 6. VIMLA DEVI VIJRONIYA W/O SHRI JAGDISH PRASAD ALL R/O -C/O MUNNI DEVI HOUSE NO.65, C BLOCK, TANSEN NAGAR , NEAR TIKONIYA PARK, GWALIOR (MADHYA PRADESH) AND SURVEY NO.316/1, WARD NO.7, VILLAGE JAGNAPURA, HALKA NO.56, BAHODAPUR, GWALIOR, M.P. .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 17266 of 2023 BETWEEN:- IIFL HOME FINANCE LIMITED, HAVING ITS REGISTERED OFFICE AT IIFL HOUSE SUN INFOTECH PARK ROAD NO 16 V, PLOT NO B-23 MIDC, THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE MAHARASHTRA 400604 THROUGH ITS AUTHORISED OFFICER BALBER YADAV S/O SHRI SOBERAN SINGH YADAV AGE 49 YEARS, OCCUPATION MANAGER (AUTHORISED OFFICER) IN IIFL HOME FINANCE LIMITED, OFFICE AT GROUND FLOOR D-1, BASANT VIHAR COLONY, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA- ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL HAZIRA CIRCLE), DISTRICT GWALIOR (MADHYA PRADESH) 4. VIJAYA SINGH W/O SHRI ASHUTOSH JADON 5. ASHUTOSH JADON S/O SHRI RAKESH PAL JADON BOTH R/O C/O SMT. SUSHMA, GANESH COLONY, CHAR SHAHAR KA NAKA, INFRONT OF MOTHER TERESA PUBLIC SCHOOL, GWALIOR AND PLOT NO. 7, RADHA VIHAR, VILLAGE MOHAMMADPUR, (PART OF SURVEY NO.101/MIN- 1, 102, 103/MIN-1, 104/MIN-1, 107, 108, 109, 111, 112, 113) GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE AND SHRI ARSHAD ALI - ADVOCATE FOR RESPONDENTS NO.4 AND 5) WRIT PETITION No. 17268 of 2023 BETWEEN:- IIFL HOME FINANCE LIMITED, HAVING ITS REGISTERED OFFICE AT IIFL HOUSE SUN INFOTECH PARK ROAD NO 16 V, PLOT NO B-23 MIDC, THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE MAHARASHTRA 400604 THROUGH ITS AUTHORISED OFFICER BALBER YADAV S/O SHRI SOBERAN SINGH YADAV AGE 49 YEARS, OCCUPATION MANAGER (AUTHORISED OFFICER) IN IIFL HOME FINANCE LIMITED, OFFICE AT GROUND FLOOR D-1, BASANT VIHAR COLONY, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL BAHODAPUR CIRCLE) DISTRICT GWALIOR , (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR RESPONDENT/STATE) WRIT PETITION No. 17275 of 2023 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFFICER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL LASHKAR CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) 4. SIDDIK MOHAMMAD RAYEEN S/O LATE SHRI WAZIR MOHAMMAD, AGED ABOUT 61 YEARS, R/O OPP. DR. AHUJA, MADHOGANJ LASHKAR, GWALIOR (MADHYA PRADESH) 5. MRS. MEHARUNNISA RAYEEN W/O SHRI SIDDIK MOHAMMAD RAYEEN, AGED ABOUT 58 YEARS, R/O OPP. DR. AHUJA, MADHOGANJ LASHKAR, GWALIOR (MADHYA PRADESH) 6. VIKAR MOHAMMAD RAYEEN S/O LATE SHRI WAZIR MOHAMMAD, AGED ABOUT 50 YEARS R/O O P P . DR. AHUJA, MADHOGANJ LASHKAR, GWALIOR (MADHYA PRADESH), 7. FAZAL MOHAMMAD RAYEEN S/O LATE SHRI WAZIR MOHAMMAD, AGED ABOUT 51 YEARS R/O O P P . DR. AHUJA, MADHOGANJ LASHKAR, GWALIOR (MADHYA PRADESH), .....RESPONDENTS (BY SHRI M.P.S RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENT NO.1 TO 3/STATE. ) WRIT PETITION No. 17288 of 2023 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFFICER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL LASHKAR CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS/STATE) WRIT PETITION No. 17292 of 2023 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) 4. VINOD KUMAR SONI S/O LATE SHRI HARIPRAKASH SONI 5. SMT. KALPANA SONI D/O LATE SHRI HARIPRAKSH SONI BOTH R/O SINGHAPUR ROAD-1 NIRALA NAGAR, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS NO.1 TO 3/STATE) WRIT PETITION No. 17295 of 2023 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFFICER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL CITY CENTER CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) 4. VINOD SINGH JADON S/O SHRI NATHU SINGH 5. SMT. BADAMI JADON W/O SHRI NATHU SINGH 6. SMT. REENA JADON W/O VINOD SINGH JADON ALL R/O C-48, CHANAKYAPURI, VILLAGE MEHRA, WARD NO.60, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS NO.1 TO 3/STATE AND SHRI JITENDRA KUMAR SHARMA - ADVOCATE FOR RESPONDENTS NO.4 AND 5 ) WRIT PETITION No. 17298 of 2023 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL LASHKAR CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) 4. KANHAIYALAL AGRAWAL S/O SHRI RAMJIDAS AGRAWAL 5. SMT. MEENU AGRAWAL W/O SHRI KANHAIYALAL AGRAWAL 6. M/S BRAJWASI RESSTAURANT THROUGH PROP. KANHAIYALAL AGRAWAL ALL R/O BRAJWASI NIWAS, NEW SARAFA, DANAOLI, LASHKAR, GWALIOR M.P. (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS NO.1 TO 3/STATE AND SHRI H.K. SHUKLA- ADVOCATE FOR RESPONDENTS NO.4 AND 5 ) WRIT PETITION No. 17371 of 2023 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JANSHI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL BAHODAPUR CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) 4. DHEERENDRA SINGH KUSHWAH S/O SHRI BASUDEV KUSHWAH 5. SMT. MANORAMA KUSHWAH, W/O BASUDEV KUSHWAH 6. SUKHDEV SINHG KUSHWAH S/O SHRI BASUDEV KUSHWAH 7. SMT. SHOBHA KUSHWAH W/O DHEERENDRA SINGH KUSHWAH ALL R/O KOTESHWAR COLONY, KOTESHWAR ROAD, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS NO.1 TO 3/STATE AND SHRI AKRAM KHAN - ADVOCATE FOR RESPONDENTS NO.4,6 &7) WRIT PETITION No. 23586 of 2023 BETWEEN:- PIRAMAL CAPITAL AND HOUSING FINANCE LTD (PREVIOUSLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LIMITED) HAVING ITS REGISTERED OFFICE AT UNIT NO 601, 6TH FLOOR, PIRAMAL AMITI BUILDING, AGASTYA CORPORATE PARK, KAMANI JUNCTION, OPP. FIRE STATION, LBS MARG, KURLA, WEST MUMBAI, 400070 HAVING BRANCH OFFICE AT PLOT NO.11, ORION TOWER, NEAR LIC BUILDING, CITY CENTER, GWALIOR, 474001. THROUGH ITS AUTHORIZED OFFICER GAURAV SHRIVASTAV, AGED ABOUT 35 YEARS, OCCUPATION: MANAGER IN PIRAMAL CAPITAL AND HOUSING FINANCE LTD. .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) 4. ASHARAM SINGH S/O SHRI AUTAR SINGH 5. GEETA DEVI W/O SHRI ASHARAM SINGH BOTH R/O D-BLOCK, ASTHA NAGAR, ADITYAPURAM, BHIND ROAD, GWALIOR M.P. (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE ) WRIT PETITION No. 23605 of 2023 BETWEEN:- PIRAMAL CAPITAL AND HOUSING FINANCE LTD (PREVIOUSLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LIMITED) HAVING ITS REGISTERED OFFICE AT UNIT NO 601, 6TH FLOOR, PIRAMAL AMITI BUILDING, AGASTYA CORPORATE PARK, KAMANI JUNCTION, OPP. FIRE STATION, LBS MARG, KURLA, WEST MUMBAI, 400070 HAVING BRANCH OFFICE AT PLOT NO.11, ORION TOWER, NEAR LIC BUILDING, CITY CENTER, GWALIOR, 474001. THR OUGH ITS AUTHORIZED OFFICER GAURAV SHRIVASTAV, AGED ABOUT 35 YEARS, OCCUPATION: MANAGER IN PIRAMAL CAPITAL AND HOUSING FINANCE LTD. .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTRICT GWALIOR, (MADHYA PRADESH) 4. ASHISH TOMAR S/O JAGDISH TOMAR R/O PLOT NO. T-1, 3RD FLOOR, MUNICIPAL NO. 217, WARD NO. 25, SHREYA APARTMENT, SAURABH VIHAR COLONY, MORAR, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI MPS RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS/STATE) WRIT PETITION No. 24306 of 2023 BETWEEN:- 1. M/S BRIJWASI RESTAURANT THROUGH ITS PROPRIETOR KANHAIYALAL AGRAWAL S/O SHRI RAMJIDAS AGRAWAL, AGED ABOUT 47 YEARS, OCCUPATION: BUUSINESS 2. SMT. MEENU AGRAWAL W/O SHRI KANHAIYALAL AGRAWAL, AGED ABOUT 45 YEARS, OCCUPATION: BUSINESS ALL ARE R/O NEW SARAFA BRIJWASI NIVAS, DANAOLI, LASHKAR, DISTRICT GWALIOR (MADHYA PRADESH) .....PETITIONERS (BY SHRI H.K. SHUKLA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. COLLECTOR GWALIOR DIST. GWALIOR (MADHYA PRADESH) 3. TEHSILDAR TEHSIL GWALIOR DISTRICT GWALIOR (MADHYA PRADESH) 4. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED REGISTRED OFFICE OM COMPLEX BEHIND JAI BHARAT PETROL PUMP, NAKA CHANDRAVADNI, LASHKAR DIST. GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS NO.1 TO 3/STATE AND SHRI AJAY SHARMA - ADVOCATE FOR RESPONDENT NO.4 ) WRIT PETITION No. 25523 of 2023 BETWEEN:- IIFL HOME FINANCE LIMITED, HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN INFOTECH PARK ROAD NO. 16 V PLOT NO. B-23, MIDC, THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE (MAHARASHTRA) 400604 THROUGH ITS AUTHORISED OFFICER ASHOK AWASTHI S/O SHRI GOPAL LAL AWASTHI AGE 42 YEARS OCCUPATION MANAGER (AUTHORISED OFFICER) IN IIFL HOME FINANCE LIMITED, OFFICE AT GROUNG FLOOR, D-1, BASANT VIHAR COLONY, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR, CIRCLE LASHKAR DISTRICT GWALIOR, (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS/STATE) WRIT PETITION No. 26311 of 2023 BETWEEN:- IIFL HOME FINANCE LIMITED, HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN INFOTECH PARK ROAD NO. 16 V, PLOT NO. B 23, MIDC, THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE (MAHARASHTRA) 400604 THROUGH ITS AUTHORISED OFFICER BALBER YADAV S/O SHRI SOBERAN SINGH YADAV AGE 49 YEARS OCC. MANAGER (AUTHORISED OFFICER) IN IIFL HOME FINANCE LIMITED, OFFICE AT GROUNG FLOOR, D-1 BASANT VIHAR COLONY, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GWALIOR (MADHYA PRADESH) 3. TEHSILDAR, CIRCLE LASHKAR, DISTRICT GWALIOR, (MADHYA PRADESH) 4. KAPTAAN SINGH PARIHAR S/O SHRI NIRBHAY SINGH PARIHAR 5. SONAM PARIHAR D/O SHRI KAPTAAN SINGH PARIHAR BOTH R/O 121-1 BILGAIYAN KA PURA NEW SHEETLA COLONY SIKANDAR KAMPOO, GWALIOR 474003 AND SURVEY NO.461/1/2 VILLAGE GUDA, SIKANDAR KAMPOO, LASHKAR, GWALIOR 474003 (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENT/STATE) WRIT PETITION No. 26864 of 2023 BETWEEN:- PUNJAB NATIONAL BANK BRANCH CITY CENTER, GWALIOR THR. CHIEF MANAGER (AUTHORIZED OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI DHANJOO AHRIWAR AGED ABOUT 37 YEARS OCCUPATION ; SERVICE ADDRESS C/O PUNJAB NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE BRANCH, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR, VALLABH BHAWAN-2, MANTRALAYA, ARERA HILLS, BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR TEHSIL LASHKAR DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE ) WRIT PETITION No. 26865 of 2023 BETWEEN:- PUNJAB NATIONAL BANK BRANCH CITY CENTER, GWALIOR THR. CHIEF MANAGER (AUTHORIZED OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI DHANJOO AHRIWAR AGED ABOUT 37 YEARS OCCUPATION; SERVICE ADDRESS C/O PUNJAB NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE BRANCH, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR, VALLABH BHAWAN-2, MANTRALAYA, ARERA HILLS, BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR TEHSIL LASHKAR DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE. ) WRIT PETITION No. 26866 of 2023 BETWEEN:- PUNJAB NATIONAL BANK BRANCH CITY CENTER, GWALIOR THR. CHIEF MANAGER (AUTHORIZED OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI DHANJOO AHRIWAR AGED ABOUT 37 YEARS OCCUPATION; SERVICE ADDRESS C/O PUNJAB NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE BRANCH, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR, VALLABH BHAWAN-2, MANTRALAYA, ARERA HILLS, BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR TEHSIL LASHKAR DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE ) WRIT PETITION No. 26867 of 2023 BETWEEN:- PUNJAB NATIONAL BANK BRANCH CITY CENTER, GWALIOR THR. CHIEF MANAGER (AUTHORIZED OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI DHANJOO AHRIWAR AGED ABOUT 37 YEARS OCCUPATION; SERVICE ADDRESS C/O PUNJAB NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE BRANCH, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR, VALLABH BHAWAN-2, MANTRALAYA, ARERA HILLS, BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR TEHSIL LASHKAR DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE ) WRIT PETITION No. 26869 of 2023 BETWEEN:- PUNJAB NATIONAL BANK BRANCH CITY CENTER, GWALIOR THROUGH CHIEF MANAGER (AUTHORIZED OFFICER) SHRI MUKESH KUMAR AHIRWAR S/O SHRI DHANJOO AHRIWAR AGED ABOUT 37 YEARS OCCUPATION; SERVICE ADDRESS C/O PUNJAB NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE BRANCH, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE - ADVOCATE) AND 1. STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR, VALLABH BHAWAN-2, MANTRALAYA, ARERA HILLS, BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR TEHSIL LASHKAR DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE REPSPONDENTS/STATE) WRIT PETITION No. 26871 of 2023 BETWEEN:- PUNJAB NATIONAL BANK BRANCH SARAFA BAZAR LASHKAR GWALIOR THROUGH CHIEF MANAGER SHRI MUKESH KUMAR AHIRWAR S/O SHRI DHANJOO AHRIWAR, AGED ABOUT 37 YEARS OCCUPATION; SERVICE ADDRESS C/O PUNJAB NATIONAL BANK, C-7 VATSAL MANSION, CITY CENTRE BRANCH, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR, VALLABH BHAWAN-2, MANTRALAYA, ARERA HILLS, BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE/COLLECTOR DISTRICT GWALIOR, (MADHYA PRADESH) 3. TEHSILDAR TEHSIL LASHKAR DISTRICT GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATGE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 30495 of 2023 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JANSHI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE-CUM- COLLECTOR, DISTRICT GUNA (MADHYA PRADESH) 3. THE ADDITIONAL MAGISTRATE DISTRICT GUNA (MADHYA PRADESH) 4. RITESH SAHU S/O SHRI KAILASH NARAYAN SAHU 5. SMT. SAROJ SAHU W/O RITESH SAHU 6. RADHEYSHYAM SAHU S/O HAJARILAL SAHU 7. JAI BABA TRADING COMPANY THROUGH PRO. RITESH SAHU 8. SMT. RAJKUMARI SAHU W/O SHRI RADHESHYAM SAHU RESPONDENTS NO. 4 TO 8 ARE R/O WARD NO. 6 BEHIND MANDI CAMPUS TAHSIL KUMBHRAJ DISTRICT GUNA (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE ) WRIT PETITION No. 31819 of 2023 BETWEEN:- GRIHUM HOUSING FINANCE LIMITED (PREVIOUSLY KNOWN AS POONAWALLA HOUSING FINANCE LIMITED) HAVING ITS REGISTERED OFFICE AT 602 6TH FLOOR, ZERO ONE IT PARK, SURVEY NUMBER 79/1, GHORPADI, MUNDHWA ROAD, PUNE MAHARASHTRA 411036 THROUGH ITS ATHORIZED OFFICER INDER SINGH KUSHWAH S/O SHRI LAXMAN PRASAD KUSHWAHA, AGED ABOUT 34 YEARS, OCCUPATION: LEGAL MANAGER IN GRIHUM HOUSING FINANCE LIMITED, OFFICE AT AHUJA, 2ND FLOOR, NAPIER TOWN, NEAR KRISHNA HOTEL, INFRONT BHAVARTAL GARDEN JABALPUR MP (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA - ADDVOCATE) AND 1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE-CUM-COLLECTOR GWALIOR, DISRICT GWALIOR (MADHYA PRADESH) 3. TEHSILD AR DISTRICT GWALIOR (MADHYA PRADESH) 4. ANIL DIXIT S/O SHRI HARPRASAD DIXIT 5. SMT MANORAMA DIXIT W/O SHRI ANIL DIXIT RESPONDENTS NO. 4 AND 5 R/O VILLAGE UTILA, MURAR, GIRD, DISTRICT GWALIOR (MADHYA PRADESH) AND PART OF PLOT NO.59 AND 60, SURVEY NO.146 (OLD SURVEY NO.268) PATWARI HALKA NO.114, VILLAGE KHARIGANWA, TEHSIL AND DISTRICT GWALIOR. .....RESPONDENTS (BY SHRI M.P.S. RAGHUWANSHI - ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 568 of 2024 BETWEEN:- INDIAN BANK (FORMERLY KNOWN AS ALLAHABAD BANK) BRANCH SANATAN DHARM MANDIR ROAD (MAIN BRANCH) GWALIOR THROUGH CHIEF MANAGER (AUTHORIZED OFFICER) SHRI LALIT WADHWA S/O LATE SHRI SURENDRA KUMAR WADHWA, AGED ABOUT 46 YEARS, OCCUPATION: SERVICE ADDRESS INDIAN BANK, BRANCH SANATAN DHARM MANDIR ROAD (MAIN BRANCH), LASHKAR GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE- ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR VALLABH BHAWAN 2 MANTALAYA ARERA HILLS BHOPAL (MADHYA PRADESH) 2. DIST. MAGISTRATE /COLLECTOR DISTT. GWALIOR (MADHYA PRADESH) 3. TEHSILDAR, TEHSIL & DISTT. GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI MP.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE STATE) WRIT PETITION No. 573 of 2024 BETWEEN:- INDIAN BANK (FORMERLY KNOWN AS ALLAHABAD BANK) BRANCH SANATAN DHARM MANDIR ROAD (MAIN BRANCH) GWALIOR THROUGH CHIEF MANAGER (AUTHORIZED OFFICER) SHRI LALIT WADHWA S/O LATE SHRI SURENDRA KUMAR WADHWA, AGED ABOUT 46 YEARS, OCCUPATION: SERVICE ADDRESS INDIAN BANK, BRANCH SANATAN DHARM MANDIR ROAD (MAIN BRANCH), LASHKAR GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI PRAVEEN SURANGE- ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY MADHYA PRADESH REVENUE DEPARTMENT, GROUND FLOOR VALLABH BHAWAN 2 MANTALAYA ARERA HILLS BHOPAL (MADHYA PRADESH) 2. DIST. MAGISTRATE /COLLECTOR DISTT. GWALIOR (MADHYA PRADESH) 3. TEHSILDAR, TEHSIL & DISTT. GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE STATE) WRIT PETITION No. 869 of 2024 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JANSHI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI RAHUL YADAV- ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. DISTRICT MAGISTRATE CUM COLLECTOR GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL LASHKAR CIRCLE), DISTT. GWALIOR (MADHYA PRADESH) 4. BRIJESH RAI S/O SARNAM SINGH RAI R/O A-7/729, ANAND NAGAR, HANUMAN MANDIR GALI, GWALIOR (MADHYA PRADESH) 5. PANKAJ RAY S/O SARNAM SINGH RAI R/O A- 7/729, ANAND NAGAR, HANUMAN MANDIR GALI, GWALIOR (MADHYA PRADESH) 6. PREMVATI RAI W/O SARNAM SINGH RAI R/O A- 7/729, ANAND NAGAR, HANUMAN MANDIR GALI, GWALIOR (MADHYA PRADESH) 7. SARMAN SINGH RAI S/O SHRI KHUMAN SINGH R/O A-7/729, ANAND NAGAR, HANUMAN MANDIR GALI, GWALIOR (MADHYA PRADESH) 8. M/S RAI STONE CRUSHER R/O TANSEN TAKIS KE PASS GHAS MANDIR, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR RESPONDENTS/STATE) WRIT PETITION No. 1841 of 2024 BETWEEN:- BANK OF BARODA BRANCH R.O.S.A.R.B THROUGH ITS AUTHORIZED OFFICER BHIM DATT SHARMA AGE 43 OCCUPATION CHIEF MANAGER, CITY CENTER GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI RANJEET KHANVILKAR- ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY HOME DEPARTMENT, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRETE CUM COLLECTOR, NEW COLLECTOR OFFICE OHADPUR CITY CENTER DISTRICT GWALIOR (MADHYA PRADESH) 3. SHRI SHIDHI VINAYAK AGRO TECH AND ALLIED INDUSTRIES THROUGH ITS PARTNERS HAVING ITS REGISTERED ADRESS AT 12A RATAN COLONY JIWAJIGANJ LASHKAR GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 2630 of 2024 BETWEEN:- CAPRI GLOBAL HOUSING FINANCE LIMITED HAVING ITS REGISTERED OFFICE AT 502, TOWER-A PENINSULA BUSINESS PARK, SENAPTI BAPAT ROAD, LOWER PAREL, MUMBAI, 400013, (MAHARASHTRA) HAVING BRANCH OFFICE AT 2ND FLOOR, VASUDHARA TOWER, BEHIND S.P. OFFICE, CITY CENTER, GWALIOR (MADHYA PRADESH) THROUGH ITS AUTHORIZED OFFICER SANDEEP DIXIT S/O LATE SHRI S.R.DIXIT, AGE 38 YEARS, OCCUPATION LEGAL MANAGER IN CAPRI GLOBAL HOUSING FINANCE LIMITED, M.P. NAGAR BHOPAL (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA- ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. THE ADDITIONAL DIST. MAGISTRATE DISTT. VIDISHA (MADHYA PRADESH) 3. TEHSILDAR, TEHSIL GANJBASODA DISTT. VIDISHA (MADHYA PRADESH) 4. SACHENDRA VISHWAKARMA S/O SHRI JAIKISHAN VISHWAKARMA 5. JAIKISHAN VISHWAKARMA S/O SHRI GANPAT VISHWAKARMA 6. PUSHPA BAI W/O SHRI JAIKISHAN VISHWAKARMA RESPONDENTS NO.4 TO 6 R/O PLOT NO. 369/16 PATWARI HALKA NO 42 WARD NO. 6 CHARKHAMBA GANJBASODA DISTT. VIDISHA (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 2643 of 2024 BETWEEN:- CAPRI GLOBAL HOUSING FINANCE LIMITED HAVING ITS REGISTERED OFFICE AT 502, TOWER-A PENINSULA BUSINESS PARK, SENAPTI BAPAT ROAD, LOWER PAREL, MUMBAI, 400013, (MAHARASHTRA) HAVING BRANCH OFFICE AT 2ND FLOOR, VASUDHARA TOWER, BEHIND S.P. OFFICE, CITY CENTER, GWALIOR (MADHYA PRADESH) THROUGH ITS AUTHORIZED OFFICER SANDEEP DIXIT S/O LATE SHRI S.R.DIXIT, AGE 38 YEARS, OCCUPATION LEGAL MANAGER IN CAPRI GLOBAL HOUSING FINANCE LIMITED, M.P. NAGAR BHOPAL (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. ADDITIONAL DISTRICT MAGISTRATE DISTT. GUNA (MADHYA PRADESH) 3. TEHSILDAR, TEHSIL CHACHAUDA, DISTT. GUNA (MADHYA PRADESH) 4. MAHENDRA SINGH S/O HAJARILAL ODHA 5. SMT MULLI BAI W/O MAHENDRA SINGH RESPODNENTS NO.4 & 5 R/O SURVEY NO. 207/2, PATWARI HALKA NO. 38, VILLAGE PENCHI, TEHSIL CHACHAUDA, DISTT. GUNA (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 2653 of 2024 BETWEEN:- IIFL HOME FINANCE LIMITED, HAVING ITS REGISTERED OFFICE AT IIFL HOUSE, SUN INFOTECH PARK ROAD NO. 16 V PLOT NO. B-23, MIDC, THANE INDUSTRIAL AREA, WAGLE ESTATE, THANE (MAHARASHTRA) 400604 THROUGH ITS AUTHORISED OFFICER ASHOK AWASTHI S/O SHRI GOPAL LAL AWASTHI AGE 42 YEARS OCCUPATION MANAGER (AUTHORISED OFFICER) IN IIFL HOME FINANCE LIMITED, OFFICE AT GROUNG FLOOR, D-1, BASANT VIHAR COLONY, GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI AJAY SHARMA- ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE CUM COLLECTOR DISTT. GWALIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL MORAR CIRCLE) DISTT. GWALIOR (MADHYA PRADESH) 4. NITIN KUMAR JAIN S/O SHRI SURESH KUMAR JAIN 5. BHAVIKA JAIN W/O SHRI NITIN KUMAR JAIN RESPONDENTS NO.4 & 5 R/O HN 13, RADHAPURAM COLONY ADITYA PURAM, GWALIOR (MADHYA PRADESH) AND WARD NO.18, PART OF PLOT NO.71 & 72, PLOT NO.7, MAHARAJPURA, GWALIOR (MADHYA PRADESH) 6. M/S JAIN IRON AND STEEL FABRICATION THROUGH PROPRIETOR NITIN KUMAR JAIN R/O NEAR ADITYAJ PETROL PUMP, NEW ADITYAPURAM, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) WRIT PETITION No. 3893 of 2024 BETWEEN:- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, HAVING ITS REGISTERED OFFICE AT DARE HOUSE, 2, NETAJI SUBHASH CHANDRA BOSE ROAD, PERRYS CHENNAI TAMILNADU 600001 HAVING BRANCH OFFICE AT 2ND FLOOR, OM, COMPLEX, NAKA CHANDRIVADNI BEHIND JAI BHARAT PETROL PUMP, JHANSI ROAD, GWALIOR M.P. THROUGH ITS AUTHORISED OFCIER RAVI SAHU S/O SHRI RADHEY SHYAM SAHU AGE 40 YEARS, OCCUPATION MANAGER IN CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD .....PETITIONER (BY SHRI RAHUL YADAV- ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE DISTRICT MAGISTRATE CUM COLLECTOR DISTT. GWALLIOR (MADHYA PRADESH) 3. TEHSILDAR (TEHSIL LASHKAR CIRCLE) GWALIOR (MADHYA PRADESH) 4. BRAJMOHAN SINGH S/O RAMSWAROOP SINGH 5. SMT BRAHMABAI GURJAR W/O BRAJMOHAN SINGH 6. 7. DILIP SINGH S/O RAMSWAROOP SINGH ALL ARE R/O 244 MEHRA OHADPUR, CITY CENTRE GWALIOR (MADHYA PRADESH) M/S MAA SHITLA ENTERPRISES THROUGH BRAJMOHAN SINGH R/O NEAR ALKAPURI YASHODHARA RESIDENCY OHADPUR, CITY CENTRE, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI M.P.S.RAGHUWANSHI- ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENTS/STATE) These petitions coming on for admission this day, Justice Rohit Arya passed the following:

Advocates:
Ajay Sharma,Advocate General

ORDER

This batch of Writ Petitions at the instance of Creditors, Financial Institutions or Banks including Nationalized Banks has been filed under Article 226/227 of the Constitution of India seeking writ of mandamus in the form of directions to the Collector or his delegatee either to pass orders on applications filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act') or for execution of the orders passed under Section 14 of the SARFAESI Act.

2. For ready reference, Section 14 of the SARFAESI Act is quoted below : “Section 14: Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.- (1) Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him— (a) take possession of such asset and documents relating thereto; and (b) forward such assets and documents to the secured creditor:

    Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that— (i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application;
    (ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period;
    (iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii)above;
    (iv) the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount;
    (v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non-performing asset;
    (vi) affirming that the period of sixty days notice as required by the provisions of sub-section (2) of section 13, demanding payment of the defaulted financial assistance has been served on the borrower;
    (vii) the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for non-acceptance of such objection or representation had been communicated to the borrower;
    (viii) the borrower has not made any repayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of the principal Act;
    (ix) that the provisions of this Act and the rules made thereunder had been complied with:
    Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets within a period of thirty days from the date of application:
    Provided also that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate within the said period of thirty days for reasons beyond his control, he may, after recording reasons in writing for the same, pass the order withi


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