Dismissed

M/S Jay Ambey Rice Mill v. State of Chhattisgarh

Chhattisgarh HC13 Oct 2024REVP/209/2024

Case brief

AI extract

What is this about?

This review application challenging an order disposing of a writ petition in a SARFAESI Act matter was dismissed. The High Court found the review petition devoid of substance as no decision on rights had been recorded in the impugned order, noting the petitioner could approach the Act for redressal.

What did the court decide?

Review application dismissed; petitioner left at liberty to take recourse under the SARFAESI Act.

M/S Jay Ambey Rice Mill Vs State of… — Civil Procedure and Limitation | Chhattisgarh HC (2024)

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2024:CGHC:40028

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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REVP No. 209 of 2024

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1 - M/s Jay Ambey Rice Mill Through Its Proprietor Arun Kumar Khandelwal, Having Its Office At Village And Post - Mohla, Tahsil - Mohla, District - Rajnandgaon (C.G.)

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2 - Arun Kumar Khandelwal S/o. Narayan Lal Khandelwal Aged About 45 Years R/o. House No. 262, Ward No. 19, Anupam Nagar, Rajnandgaon, District - Rajnandgaon (C.G.)

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3 - Vijay Kumar Khandelwal S/o. Narayan Lal Khandelwal Aged About 42 Years R/o. House No. 262, Ward No. 19, Anupam Nagar, Rajnandgaon, District - Rajnandgaon (C.G.)

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... Petitioners

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Versus

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1- State Of Chhattisgarh Through Collector, District - Rajnandgaon (C.G.)

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2- The Tehsildar Tahsil - Mohla, District - Rajnandgaon (C.G.)

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3- The Station In Charge P.S. Mohla, District - Rajnandgaon (C.G.)

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4- Patwari P.H. No. 10, Tahsil - Mohla, District - Rajnandgaon (C.G.)

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5 - Bank Of Baroda Khairagad Branch, Padumtara, Rajnandgaon (C.G.) Through Its Authorized Officer Shri Jitendra Kumar Chaurasia, Aged About 45 Years, S/o. Shri Chamari Lal Chaurasia, Posted As Chief Manager, Rosarb, Durg, District - Durg (C.G.)

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... Respondents

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For Petitioners : Mr. Bharat Lal Dembra, Advocate For Respondent-State : Mr. Suyashdhar Badgaiya, Dy. G.A. For Respondent No. 5 : Mr. Ankit Singhal, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

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14/10/2024

This review application is filed seeking review of the order dated 26.06.2024 (Annexure P/1) passed in WP (C) No. 3124/2024 whereby, this Court has disposed of the the writ petition with a direction to the Respondents No. 2 & 3 therein to comply with the order passed by the District Magistrate, District – Rajnandgaon under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act of 2002'). As the writ petition was filed only for seeking a direction to comply with the order dated 05.04.2022 and to handover the possession of the mortgaged property to the secured creditor, this Court disposed of the writ petition taking note of the specific time frame provided under second and third proviso to Section 14 (1) of the Act, 2002.

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This Court also considered that the application was filed seeking execution of the order dated 05.04.2022 and pendency of the proceedings since last about more than 01 year. This Court has not decided right of any of the parties and therefore, I do not find any good ground to review of the impugned order dated 26.06.2024 (Annexure P/1) passed in WP (C) No. 3124/2024.

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The review petition being devoid of substance is liable to be and is accordingly, dismissed . However, petitioner will be at liberty to take recourse under the law as provided under the Act, 2002 for redressal of his grievance for the grounds as pleaded in the review petition if he so desires.

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Sd/-

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(Parth Prateem Sahu) Judge

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Dey

M/S Jay Ambey Rice Mill v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

M/S Jay Ambey Rice Mill v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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