Indian Bank Govindpuri Branch Near Saugat Apartment vs The State Of Madhya Pradesh

1 WP-34044-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 8 OF SEPTEMBER, 2026
WRIT PETITION No. 34044 of 2026
INDIAN BANK GOVINDPURI BRANCH NEAR SAUGAT
APARTMENT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Harshavardhan Topre - Advocate for the petitioner.
Shri Sohit Mishra - Govt. Advocate for the State.
ORDER
This petition, under Article 226 of the Constitution of India, has been
filed by the petitioner seeking following reliefs:-
"In the light of aforesaid facts and circumstances and
grounds urged, the present petitioner bank most humbly
prays that the present writ petition may kindly be allowed by
directing the respondents to obtain the physical possession of
secured Assets comprising of 'immovable property bearing
Municipal no.1071, Ward No. 35 Halka No. 4 Flat No. 101,
Ground Floor, Ram Appartment, Apte ki Payga, Shankar
Sanstha Gali, Lashkar, Gwalior, M.P. area admeasuring 900
Sq. ft. or to say 83.64 Sq. Mt. having boundaries, East:
House of Shyamlal and Anna Shastri, West: Public Street
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM

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municipal Corporation, North: Common Passage and South:

Other Property, owned by Mr. Madan Pal, within the period
of 30 days in exercise of the powers under Section 14 of
SARFAESI Act. 2002 to secure the ends of justice."
The facts of the case, in brief, are that the petitioner-Indian Bank had
advanced loan facilities to the borrowers, namely, Madan Pal and Neeru Pal,
against the secured asset in question. On account of default in repayment, the
loan account was classified as NPA and proceedings under the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002 were initiated. The petitioner-bank thereafter approached the
learned Chief Judicial Magistrate, Gwalior under Section 14 of the
SARFAESI Act for obtaining physical possession of the secured asset. The
learned Chief Judicial Magistrate, Gwalior, vide order dated 10.10.2025,
passed in M.J.C.R. No.3899/2025, allowed the application filed by the
petitioner-bank and directed for obtaining physical possession of the secured
asset and handing over the same to the petitioner-bank.
Learned counsel for the petitioner submits that despite the aforesaid
order, physical possession of the secured asset has not yet been handed over
to the petitioner-bank. It is submitted that the respondent No.2/Tehsildar,
vide order dated 23.07.2026, constituted a team for obtaining and handing
over possession and fixed 04.08.2026 for the said purpose; however,
possession could not be obtained and handed over to the petitioner-bank.
Learned counsel further submits that the controversy involved in the present
petition is squarely covered by the order dated 29.10.2025 passed by this
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM

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Court in W.P. No.41410/2025 (Indian Bank, formerly known as Allahabad

Bank, Branch Sanatan Dharm Mandir Road (Main Branch), Gwalior Vs.
State of Madhya Pradesh and Others), wherein, while considering a similar
grievance relating to non-execution of proceedings under Section 14 of the
SARFAESI Act, this Court directed the District Administration/Collector to
ensure compliance with the directions issued in the earlier batch of writ
petitions and further directed the concerned Tehsildar to do the needful
within one month.
Learned Government Advocate appearing for the respondents/State
fairly submits that appropriate directions may be issued in terms of the
aforesaid order and assures that the authorities shall comply with the
directions issued by this Court.
Heard learned counsel for the parties and perused the record.
In the case of IIFL Home Finance Ltd. Vs. State of M.P. and Others,
bearing W.P. No.2078/2023, the Coordinate Bench of this Court issued
directions to the District Administration/Collector regarding expeditious
completion and execution of proceedings under Section 14 of the
SARFAESI Act. The said directions were thereafter relied upon by this
Court in W.P. No.41410/2025, decided on 29.10.2025, in a similar matter
concerning the execution of an order passed under Section 14 of the
SARFAESI Act.
The relevant directions, as reiterated in the aforesaid order, require the
Collector to ensure timely execution of orders passed under Section 14 of the
SARFAESI Act and to adhere to a time-bound schedule for such execution.
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM

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It was further directed that where the DRT has passed any interim order

against proceedings under Section 13(2) and/or 13(4) of the SARFAESI Act,
action under Section 14 may be deferred until such interim order is modified
or vacated.
In the present case, the order dated 10.10.2025 passed by the learned
Chief Judicial Magistrate, Gwalior under Section 14 of the SARFAESI Act
has already attained its operative stage. The petitioner has specifically
pleaded that no notice of any proceedings before the Debt Recovery
Tribunal, Jabalpur and no order of any Court, Forum or Tribunal restraining
execution of the said order has been brought to its notice.
In these circumstances, and having regard to the nature of the
proceedings under Section 14 of the SARFAESI Act, the District
Administration is required to ensure that the order passed by the learned
Chief Judicial Magistrate is executed expeditiously and in accordance with
law.
Accordingly, this writ petition is disposed of with a direction to the
District Administration/Collector, Gwalior, to ensure compliance of the
directions contained in the order dated 29.10.2025 passed in W.P.
No.41410/2025, as also the directions issued in the earlier batch of writ
petitions concerning execution of orders passed under Section 14 of the
SARFAESI Act, and to do the needful for obtaining and handing over
physical possession of the secured asset to the petitioner-bank in accordance
with law.
The concerned Tehsildar/competent authority shall take necessary
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM

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steps for execution of the order dated 10.10.2025 passed by the learned Chief

Judicial Magistrate, Gwalior and shall complete the process of obtaining and
handing over physical possession of the secured asset to the petitioner-bank
within a period of one month from the date of receipt of a certified copy of
this order, subject to there being no subsisting order of stay or other legal
impediment passed by any competent Court/Tribunal.
It is made clear that this Court has not expressed any opinion on the
merits of the proceedings under the SARFAESI Act and the authorities shall
proceed strictly in accordance with law.
With the aforesaid directions, the writ petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
pwn*

Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM