IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE HIRDESH th ON THE 27 OF NOVEMBER, 2024 MISC. PETITION No. 6395 of 2024 CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD.

THROUGH ITS AUTHORISED OFFICER RAVI SAHU Versus INDAL SINGH AND OTHERS Appearance:

Shri Ajay Sharma-Advocate for petitioner.

ORDER Per: Justice Anand Pathak

1. Heard on admission.

2. The instant Miscellaneous petition is preferred by petitioner under Article 227 of Constitution of India taking exception to the conditions imposed in order dated 20/09/2024 passed by CJM, Gwalior in proceedings undertaken by petitioner as Secured Creditor purportedly under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as 'the SARFAESI Act').

3. The grievance of petitioner as echoed in this petition is that as Secured Creditor, proceedings under Section 13 of the SARFAESI Act were taken by petitioner and thereafter, an application under Section 14 of the SARFAESI Act was preferred before the Court of Chief Judicial Magistrate (CJM), Gwalior. The application was filed on 20/03/2024 and the