Samman Capital Limited Vs State of Chhattisgarh

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1

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2025:CGHC:57442

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1620 of 2025

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1 - Samman Capital Limited Through Mr. Rajesh Chauhan S/o Mr. S.P. Singh Chauhan, Designation Legal Manager Having Registered Address At 5th Floor, Building No. 27, K.G. Marg, Connaught Palace, New Delhi - 110001

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (Chhattisgarh)

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2 - The Chief Judicial Magistrate District- Raipur (Chhattisgarh)

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3 - The Tahsildar Tahsil- Mandir Hasaud, District- Raipur (Chhattisgarh)

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4 - The Naib Tahsildar Tahsil- Mandir Hasaud, District- Raipur (Chhattisgarh)

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5 - Chetan Prasad R/o Plot No.25 B, Road No.-201, Ashirwad Chowk, Sector-4, Dwarka, New Delhi - 110074,

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Also At - Chetan Prasad Proprietor, R/o H.No. H.I.G.- I.I. 562, Sector-29, Khasra No. 589-597, New Raipur, Township- Raipur (Chhattisgarh) - 492001

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6 - Jiya Noor R/o H.No. H.I.G.- I.I. 562, Sector-29, Khasra No.-589-597, New Raipur, Township- Raipur (Chhattisgarh) - 492001

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--- Respondent(s)

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BALRAM PRASAD DEWANGAN

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Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.28 10:40:53 +0530

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____________________________________________________________ For Petitioner : Mr. Ritesh Sharma, Advocate For State/Respondents : Ms. Poorva Tiwari, P.L.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

26/11/2025

Petitioner has filed this petition seeking following relief (s) :-

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“10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order, or direction to Respondent No.4, Nayab Tahsildar, Tehsil Mandir Hasod, District Raipur, to ensure the petitioner is granted rightful possession of the mortgaged property within 15 days, in the interest of justice.

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10.2 That any other relief/order which may deem fit and just in the facts and circumstances of the case may also be granted in favour of the petitioner with cost.”

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Learned counsel for petitioner submits that Chief Judicial Magistrate, Raipur has passed an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short ‘the SARFAESI Act’) on 14.03.2023 and has directed the Tahsildar to take possession of the secured property and to hand it over to the secured creditor. Naib Tahsildar, Mandir Hasod, District Raipur vide memo dated 16.05.2024 had directed the Malzamadar, Tahsil Arang, District – Raipur to take over the possession of the secured property, however, till date possession of the property could not be taken by Naib Tahsildar and and handed over to the petitioner, therefore, direction be issued to the respondent No.3 to comply with the order passed by the Chief Judicial Magistrate dated 14.03.2024 and to handover the possession of the secured assets in favour of petitioner (secured creditor) within specified time framed. He also submits that as per his instruction/information, secured debtor has filed the proceedings before DRT, Jabalpur against

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3

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the proceedings initiated under Section 13 of the SARFAESI Act and securitisation application is still pending consideration before DRT, Jabalpur, however, there is no interim order/protection in favour of the applicant therein. He also pointed out that in the order DRT, Jabalpur has made only an observation that if the further steps for taking possession is to be taken then 10 days prior notice be served upon secured debtor.

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Learned State counsel submits that according to her instructions, the matter is still pending and appropriate steps would be taken for complying with the order passed by the Chief Judicial Magistrate under Section 14 of the the SARFAESI Act within further period of 15 days.

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On due consideration on the submission of learned counsel for respective parties, this petition is disposed of directing respondent No.3 to conclude the proceedings of taking possession of the secured assets expeditiously preferably within a further period of one month from the date of receipt of the copy of this order, by issuing 10 days prior notice to borrower.

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With the aforesaid observations and directions, this petition stands disposed of.

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Sd/(Parth Prateem Sahu) Judge

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Balram

Samman Capital Limited v. State of Chhattisgarh

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Samman Capital Limited v. State of Chhattisgarh

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