Capri Global Housing Finance Ltd. Vs Superintendent of Police

[2025:RJ-JP:45293]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 17111/2025

Capri Global Housing Finance Ltd, Registered Office At 502 Tower A, Pensisula Business Park, Lower Parel, Mumbai, Maharashtra, 400013 Regional Office At Plot No. 2, Third Floor, Ram Vihar, Panchawal, Sirsi Road, Jaipur- 302034 Through The Authorized Officer Shri Jitendra Rajawat.

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----Petitioner

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Versus

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Superintendent Of Police, Jaipur, Rajasthan.

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Station House Officer, Police-Station-Sanganer, Jaipur, Rajasthan.

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District Magistrate, Jaipur, Rajasthan.

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Mr. Deepak Kumar Jangid S/o Chhagan Lal Jangid, Plot No. 161, Pratap Nagar Vistar, Baid Ji Chauraha, Murlipura, Jaipur, Rajasthan- 302039

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Mrs Krishna Kumari Jangid W/o Deepak Kumar Jangid, Plot No. 161, Pratap Nagar, Vistar, Baid Ji Chauraha, Murlipura, Jaipur, Rajasthan- 302039.

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----Respondents

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For Petitioner(s) : Mr. Saransh Ghiya, Adv. For Respondent(s) : Mr. Bhuwnesh Sharma, AAG with Ms. Sunita Meena, AGC

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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11/11/2025

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Learned counsel for the petitioner submits that the application filed by the petitioner under Section 14 of the SARFAESI Act, 2002 (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act), 2002 (hereinafter referred to as ‘the Act of 2002’) was allowed by the District Collector and District Magistrate, Jaipur vide order dated

[2025:RJ-JP:45293]

[CW-17111/2025]

(2 of 3)

19.05.2025 and the Deputy Commissioner (City), Jaipur was directed to provide Police assistance to the petitioner for taking the possession of mortgaged property.

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Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has deposited Police Assistance charges of Rs.86,575/- vide demand draft dated 18.08.2025. Learned counsel further submits that this factual aspect of the matter is admitted by the Deputy Commissioner (City), Jaipur in its letter dated 22.08.2025 and a direction has been issued to the Deputy Commissioner (South), Jaipur to provide necessary Police Assistance to the petitioner for getting the possession of the mortgaged property. Learned counsel contends that in spite of passing of considerable time till date the order dated 19.05.2025 passed by the District Collector and District Magistrate, Jaipur has not been implemented and executed by the Deputy Commissioner (City), Jaipur or Deputy Commissioner (South), Jaipur for the reasons best known to them. Learned counsel submits that several representations were submitted by the petitioner before the concerned authorities, however, all went in vain, hence under these circumstances, interference of this Court is warranted.

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Mr. Bhuwnesh Sharma, AAG with Ms. Sunita Meena, AGC put in appearance on behalf of the respondent Nos.1 and 2. 4. This Court finds that the order under Section 14(2) of the Act of 2002 has already been passed by the District Collector and District Magistrate, Jaipur on 19.05.2025, whereby, Deputy Commissioner (City), Jaipur has been directed to provide necessary assistance for implementation of the aforesaid order subject to deposition of requisite charges. The requisite charges of

(3 of 3)

[2025:RJ-JP:45293]

[CW-17111/2025]

police assistance has already been deposited by the petitioner on 18.08.2025 but in spite of passing considerable time, the Police Assistance has not been provided to the petitioner for getting possession of the mortgaged property.

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In view of above, the present petition stands disposed of with direction to the Deputy Commissioner (City), Jaipur to comply with the order dated 19.05.2025 passed by the District Collector and District Magistrate, Jaipur expeditiously as early as possible preferably within a period of four weeks from the date of receipt of certified copy of this order.

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Stay application and any other pending applications also stand disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /50

Capri Global Housing Finance Ltd. v. Superintendent of Police

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Capri Global Housing Finance Ltd. v. Superintendent of Police

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