BENCH AT JAIPUR v. IIFL Home Finance Limited

Judgment

6. Versus ----Appellant IIFL Home Finance Limited, (Formerly Known As India Infoline Housing Finance Limited) Having Registered Office At 12A-10 13Th Floor Parini Crezenzo C-38 And C- 39, G Block, Mca Bandra Kurla Complex, Bandra (East), Mumbai -400051, Maharashtra And Branch Office At 4Th Floor, Vinayak Heights, Gautam Marg, Vaishali Nagar, Jaipur-302021, Rajasthan Through Its Authorized Officer, Vibhor Trivedi. ...Respondent-writ petitioner State Of Rajasthan, Through Principal Secretary, Department Of Home Government Secretariat, Jaipur, Rajasthan. Deputy Commissioner Of Police, Jaipur (East), Muktanand Nagar, Durgapura, Jaipur, Rajasthan-302018. Station House Officer, Police Station Moti Doongri, Jaipur (East) Mooti Doongri, Jaipur, Rajasthan. Uttam Kumar Asrani S/o Late Sh. Inder Prakash Asrani, Resident Of Plot No.419-A, Adarsh Nagar, Near Geeta Bhawan, Jaipur, Rajasthan - 302004, Also At - Uttam Kumar Asrani S/o Late Sh. Inder Prakash Asrani, Resident Of Kishan T. Asrani 5, Shankar Bhawan, Film Colony, Chaura Rasta, Jaipur, Rajasthan - 302 001. Sunita Asrani W/o Sh. Uttam Kumar Asrani, Resident Of Plot No.419-A, Adarsh Nagar, Near Geeta Bhawan, Jaipur, Rajasthan - 302004. Also At Sunita Asrani W/o Sh. Uttam Kumar Asrani, Resident Of Kishan T. Asrani, 5, Shankar Bhawan, Film Colony, Choura Rasta, Jaipur, Rajasthan -30-2001. Connected With ----Respondents (2) D. B. Civil Special Appeal (Writ) No. 84/2025 In S. B. Civil Writ Petition No. 17423/2024

Naresh Kalyan Rawatani Son Of Late Shri Kalyan Rawatani, Aged About 60 Years, Resident Of House No.3-K-23, Jawahar Nagar, Jaipur (Rajasthan). ----Appellant [2025:RJ-JP:5064-DB] (2 of 6) [SAW-83/2025]

1. Versus IIFL Home Finance Limited, (Formerly Known As India Infoline Housing Finance Limited) Having Registered Office At 12A-10, 13Th Floor, Parini Crezenzo, C-38 And C-39, G Block, Mca, Bandra Kurla Complex, Bandra(East), Mumbai- 400051, Maharashtra And Branch Office At4Th Floor, Vinayak Heights, Gautam Marg, Vaishali Nagar, Jaipur- 302021, Rajasthan Through Its Authorized Officer, Vibhor Trivedi. ...Respondent-writ petitioner State Of Rajasthan, Through Principal Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan. Deputy Commissioner Of Police, Jaipur (East), Muktanand Nagar, Durgapura, Jaipur, Rajasthan - 302018. Station House Officer, Police Station Moti Doongri, Jaipur (East) Moti Doongri, Jaipur, Rajasthan. Uttam Kumar Asrani S/o Late Sh. Inder Prakash Asrani, Resident Of Plot No.419-A, Adarsh Nagar, Near Geeta Bhawan, Jaipur, Rajasthan - 302004. Also At- Uttam Kumar Asrani S/o Late Sh. Inder Prakash Asrani, Resident Of Kishan T. Asrani 5, Shankar Bhawan, Film Colony, Chaura Rasta, Jaipur, Rajasthan-302 001. Sunita Asrani W/o Sh. Uttam Kumar Asrani, Resident Of Plot No. 419-A, Adarsh Nagar, Near Geeta Bhawan, Jaipur, Rajasthan - 302004. Also At- Sunita Asrani W/o Sh. Uttam Kumar Asrani, Resident Of Kishan T. Asrani 5, Shankar Bhawan, Film Colony, Choura Rasta, Jaipur, Rajasthan-302001. ----Respondents (3) D. B. Civil Special Appeal (Writ) No. 85/2025 In S. B. Civil Writ Petition No. 17423/2024 Naresh Sangtani S/o Late Shri Kishan Chand Sangtani, Aged About 39 Years, R/o House No.j-89, Ashok Chauk, Adarsh Nagar, Jaipur (Rajasthan). Ram Bachchani S/o Late Shri Shankar Lal, Aged About 46 Years, R/o Flat No. 101, House No.7-Na-13, Jawahar Nagar, Jaipur (Rajasthan). Versus ----Appellants IIFL Home Finance Limited, (Formerly Known As India Infoline Housing Finance Limited) Having Registered Office At 12A-10, 13Th Floor, Parini Crezenzo, C-38 And C-39, G Block, Mca, Bandra Kurla Complex, [2025:RJ-JP:5064-DB] (3 of 6) [SAW-83/2025]

6. Bandra(East), Mumbai- 400051, Maharashtra And Branch Office At4Th Floor, Vinayak Heights, Gautam Marg, Vaishali Nagar, Jaipur- 302021, Rajasthan Through Its Authorized Officer, Vibhor Trivedi. ...Respondent-writ petitioner State Of Rajasthan, Through Principal Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan. Deputy Commissioner Of Police, Jaipur (East), Muktanand Nagar, Durgapura, Jaipur, Rajasthan - 302018. Station House Officer, Police Station Moti Doongri, Jaipur (East) Moti Doongri, Jaipur, Rajasthan. Uttam Kumar Asrani S/o Late Sh. Inder Prakash Asrani, Resident Of Plot No.419-A, Adarsh Nagar, Near Geeta Bhawan, Jaipur, Rajasthan - 302004. Also At- Uttam Kumar Asrani S/o Late Sh. Inder Prakash Asrani, Resident Of Kishan T. Asrani 5, Shankar Bhawan, Film Colony, Chaura Rasta, Jaipur, Rajasthan- 302 001. Sunita Asrani W/o Sh. Uttam Kumar Asrani, Resident Of Plot No. 419-A, Adarsh Nagar, Near Geeta Bhawan, Jaipur, Rajasthan - 302004. Also At- Sunita Asrani W/o Sh. Uttam Kumar Asrani, Resident Of Kishan T. Asrani 5, Shankar Bhawan, Film Colony, Choura Rasta, Jaipur, Rajasthan-302001. ----Respondents For Appellants For Respondent No. 1-Writ Petitioner : Mr. R.K. Mathur, Senior Advocate assisted by Mr. Lucky Sharma, Advocate : Mr. Sanjay Jhanwar, Senior Advocate assisted by Mr. Vinnet Sharma, Advocate & Ms. Neha Sharma, Advocate HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS 05/02/2025 Judgment

1. Heard on Applications No. 1/2025 separately filed in each of the appeals for grant of leave to the appellants to file present appeals. [2025:RJ-JP:5064-DB] (4 of 6) [SAW-83/2025]

2. Taking into consideration the submission of Mr. R.K. Mathur, learned Senior Advocate appearing on behalf of the appellants that the order passed by the learned Single Judge directly affects the possession of the appellants over the flats of which they are in occupation, Applications No. 1/2025 separately filed in each of the appeals are allowed and the appellants are granted leave to file respective appeals.

3. With the consent of learned counsel for the parties, these appeals have been heard together and are being decided by this common judgment.

4. Grievance of the appellants in these appeals is that they are the persons, who had purchased flats at different point of time through registered sale deed and on the basis of such purchase, they are in possession and occupation of their flats bearing No. 302, 303 and 202 in the name of Mohit Poddar, Naresh Sangtani with Ram Bachchani and Naresh Kalyan Rawatani respectively.

5. Mr. R.K. Mathur, learned Senior Counsel appearing on behalf of the appellants would submit that without impleading the appellants as party, Respondent No. 1-writ petitioner-financial institution filed writ petition seeking a direction for grant of police help for taking possession and the learned Single Judge on the basis of the concession given by the respondents in the writ petition has issued a direction for grant of police help to facilitate dispossession. Learned Senior Advocate would submit that the direction issued by the learned Single Judge directly affects and impacts the appellants and, therefore, without impleading them, learned Single Judge could not have ordered grant of police help to facilitate dispossession. [2025:RJ-JP:5064-DB] (5 of 6) [SAW-83/2025]

6. On the other hand, Mr. Sanjay Jhanwar, learned Senior Advocate appearing on behalf of Respondent No. 1-writ petitioner would submit that present is a case where the borrowers defaulted in repayment of loan to the financial institution and, therefore, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’) were drawn and the District Magistrate concerned passed an order under Section 14 of the SARFAESI Act for delivery of possession. Learned Senior Advocate would further submit that the appellants herein are purchasers of the subject flats from the borrowers. He would further submit that they were aggrieved by the order passed by the concerned District Magistrate under Section 14 of the SARFAESI Act, but they remained unsuccessful. Writ petitions filed by them were also dismissed on the ground of alternative remedy. Learned Senior Advocate would further submit that they had availed other remedies, but they have remained unsuccessful and the cases are pending before the Debts Recovery Tribunal concerned. Therefore, in these circumstances, present appeals are liable to be dismissed.

7. After having heard learned Senior Advocates appearing on behalf of the parties, we are of the view that if the financial institution was in notice and knowledge of the occupants, any proceedings seeking possession from the properties/flats, could not be continued without impleading the occupants of the properties/flats. The financial institution was required to implead the occupiers/purchasers, namely, Mohit Poddar, Naresh Sangtani with Ram Bachchani and Naresh Kalyan Rawatani. Therefore, in [2025:RJ-JP:5064-DB] (6 of 6) [SAW-83/2025] these circumstances, we are of the view that impugned order passed by the learned Single Judge cannot be sustained in law and the same is, therefore, set aside. Writ petition filed by Respondent No. 1 is restored to its original number. Respondent No. 1-writ petitioner shall implead all four appellants namely Mohit Poddar, Naresh Sangtani, Ram Bachchani and Naresh Kalyan Rawatani as party respondents in writ petition within one week. Since all the appellants are being represented in these appeals, copy of writ petition along with annexures shall be supplied to Mr. Lucky Sharma, learned counsel within one week.

8. The writ petition be listed for consideration of the learned Single Judge on 18.02.2025. Learned Single Judge may proceed to decide the writ petition after hearing all the parties.

9. Appeals are, accordingly, allowed.

10. All pending applications stand disposed off.

11. Registry is directed to place a copy of this judgment on record of each appeal. (UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI-YOGESH /172 TO 174