Nafr High Court
Case Details
1 2025:CGHC:28362 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3255 of 2025 Central Bank Of India Through Its Authorized Officer, Branch Ambikapur, District Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - The District Collector And District Magistrate Ambikapur District Sarguja (C.G.) 3 - Superintendent Of Police Sarguja, District Sarguja Chhattisgarh. 4 - Sub Divisional Magistrate Sarguja District Sarguja Chhattisgarh 5 - Tahsildar Tahsil Ambikapur, District Sarguja Chhattisgarh. 6 - M/s Om Jewelers Through Its Proprietor Rajesh Soni, S/o Vishwanath Soni R/o Deviganj Road, Ambikapur, Tahsil Ambikapur, District Sarguja (C.G.) ---- Respondents For Petitioner
Legal Reasoning
of the Respondent No. 06. This Court in the similar set of facts and circumstance in the matter bearing no. W.P.(C) No. 3124/2024 parties as 'Bank of Baroda Vs. The State of Chhattisgarh & Ors' vide order dated 26.06.2024 was pleased to dispose of the said writ petition without issuing notice to other private respondents, directing the Tahsildar to conclude the proceedings arising out of order passed under section 14 of the Act, 2002, at the earliest preferably within two months from the date of receipt of the order in accordance with law. 3. Learned State counsel opposes the submission made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering facts of the case, submissions of counsel for the
Arguments
: Mr. Anand Shukla, Advocate For State : Mr. Rishabh Bisen, PL 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/06/2025 1. This writ petition has been filed by the petitioner on the following relief(s) : “i. That the Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction upon the respondent authorities to comply with the order dated 25.07.2024 passed by the Respondent No.02 in case no. 24/B-121/2023-24 and assist the Petitioner Bank in obtaining the physical possession of the secured assets as stated in the order dated 25.07.2024 in a time bound manner, in the interest of justice. ii. To kindly make any other order or writ that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner contended that the learned District Magistrate / Respondent No.02 vide order dated 25.07.2024 has allowed the application under Section 14 filed by the Petitioner Bank and thereby ordered to grant the possession of the secured assets to the Petitioner Bank but till date the Petitioner Bank has not 3 been given the possession of the secured assets. The learned District Magistrate / Respondent No.02 while allowing the application of the petitioner, directed the private respondent to hand over the vacant possession of the assets within period of 1 month, failing which the Petitioner Bank will be provided with the assistance of the Police for securing possession of the assets but till date no assistance has been provided to the Petitioner Bank to secure the possession of the secured assets. He further submits that the Petitioner Bank has also addressed letter on 14.11.2024 to the learned District Magistrate / Respondent No.02 for execution of the order dated 25.07.2024, but the Respondent Authority did not show any response in providing the possession of the secured assets to the petitioner. Despite of the clear and unambiguous direction passed by the Respondent No.02, the concerned Tahsildar and Sub Divisional Magistrate has neither issued the possession warrant or taken any step to comply with the order dated 25.07.2024 and has also failed to forward the said order for necessary execution. The physical possession of the secured assets/propriety is required to be taken by the secured creditor/petitioner since the said secured assets is to be sold by the petitioner under the provision of SARFAESI Act 2002 for realization of outstanding dues of the petitioner. He further submits that the money involved in instant case constitutes public money, and its realization is essential in the larger public 4 interest and for maintaining the financial discipline of lending institutions. The SARFAESI Act, 2002, is a legislation intended to empower secured creditors with expeditious enforcement measures, including the non-judicial recovery of secured assets under Section 13(4), and assistance from the District Magistrate under Section 14. But in the instant case despite of order dated 25.07.2024, the Respondent Authorities have failed to provide the possession of the secured assets till date. The powers under Section 14 of the SARFAESI Act, 2002 are specifically designed to ensure timely delivery of possession to the secured creditor once due compliance under the Act has been shown. However, in the present case despite of the order dated 25.07.2024 passed by the District Magistrate under Section 14 of the SARFAESI Act on 25.07.2024, till date possession of the secured asset has not been handed over to the Petitioner Bank. The learned DRT, Jabalpur in S.A. No. 817/2024 has directed that Respondent No. 06 will pay amount of Rs. 15,00,000/- as partial payment towards its loan in 4 installments till 23.12.2024 and it was specifically and categorically directed that if the Respondent No. 06 deposits the amount 15,00,000/- in the prescribed manner then the execution of the order dated 25.07.2024 will remain stayed but if the Respondent No. 06 fails to deposit the said amount in the prescribed manner, then petitioner bank will be at the liberty to file for execution of the order dated 25.07.2024 5 passed by the Respondent No. 02/ District Magistrate, but the Respondent No. 06 failed to deposit the amount as directed by the learned DRT, Jabalpur, therefore there is no interim relief in favour
Decision
respective parties and relief sought in the writ petition, i.e., only for execution of order dated 25.07.2024 passed by respondent No.2 under Section 14 of the SARFAESI Act in case No.24/B-121/2023- 24. This Court is of the considered opinion that this writ petition stands disposed of without issuance of notice to other private 6 respondents directing to respondent No.2 to conclude the proceeding arising out of order dated 25.07.2024 at the earliest preferably within a period of ‘60 days’ from the date of receipt of copy of this order, in accordance with rules, regulations and law. 6. Accordingly, the instant petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant