Sushil Kumar Mishra Vs Muthoot Housing Finance Ltd.

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1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 670 of 2024

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Sushil Kumar Mishra S/o Tribhuwan Mishra, R/o Hanuman Nagar, Boriyakhurd, Behind Canara Bank, Raipur (C.G.), Presently Residing At Street No. 7d, Sector-2, Summer Math Mandir, Professor Colony, Raipur (C.G.) ---- Petitioner

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Versus

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1. Muthoot Housing Finance Ltd., Authorized Officer, Branch Officer At Kanhaiya Bhawan, Second Floor Kushalpur, District Raipur (C.G.)

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2. The Collector And District Magistrate, Raipur District Raipur (C.G)

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3. The Tehsildar, Raipur District Raipur (C.G.) ---- Respondents

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(Cause-title is taken from Case Information System)

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---------------------------------------------------------------------------------------------------------------------------For Petitioner : Mr. Shishir Dixit, Advocate. For Respondents/State : Mr. Keshav Gupta, G.A.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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05.02.2024

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1 . The Petitioner has filed this petition seeking the following relief(s):-

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“10.1 That, this Hon’ble Court be pleased to direct the learned Debt Recovery Tribunal at Jabalpur to hear and decide the interim relief prayer made by the petitioner in SA No. 1095/2023 wherein prayer of restoration of physical possession of the mortgaged property has been made, expeditiously, in the interest of justice. 10.2 Any other relief which this Hon’ble Court may deem fit be granted.”

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2 . Facts of the present case are that the petitioner’s account was declared NPA and a

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notice under Section 13(2) of the SARFAESI Act was issued on 31.01.2019. Thereafter, on 01.02.2021, respondent No. 1 filed an application under Section 14 of the SARFAESI Act before respondent No. 2 and obtained an order for taking physical possession of the property. On 20.01.2022, an interim order was passed in favour of the petitioner in WPC No. 284 of 2022 subject to a deposit of Rs. 5,00,000/- towards respondent No. 1. The Petitioner could not deposit Rs. 5,00,000/-, therefore, possession was taken by respondent No. 3. On 12.06.2023, the petitioner deposited Rs, 5,00,000/- through bank draft.

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3 . Learned counsel for the petitioner would submit that SA No. 1095 of 2023 is pending before the DRT, Jabalpur and the application for interim relief and restoration of physical

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2

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possession is still pending before the DRT, Jabalpur since November 2023. He would also submit that a direction may be issued to the DRT, Jabalpur to decide the application for the grant of interim relief within the stipulated time.

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4 . On the other hand, learned counsel for the State would oppose.

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5 . Heard.

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6 . Taking into consideration the limited prayer made by Mr. Dixit, the present petition is disposed of with a direction to the DRT, Jabalpur to decide the pending application for the grant of interim relief moved by the petitioner in SA No. 1095 of 2023 preferably within a period of 30 days from the date of receipt of a copy of this order.

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7. With the aforesaid observation(s), the present petition stands disposed of.

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Sd/- (Rakesh Mohan Pandey) Judge

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Ajinkya

Sushil Kumar Mishra v. Muthoot Housing Finance Ltd.

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Sushil Kumar Mishra v. Muthoot Housing Finance Ltd.

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