Cholamandalam Investment And Finance Co. Ltd. Through Its Authorized Officer Shri Ajay Singh Thakur vs M/S Avni Agro Industries Through Its Proprieteress Smt. Sunita Sharma

NEUTRAL CITATION NO. 2026:MPHC-IND:29533
1 RP-1007-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
&
HON'BLE SHRI JUSTICE ALOK AWASTHI
th
ON THE 16 OF OCTOBER, 2026
REVIEW PETITION No. 1007 of 2026
CNR No.: MPHC020185192026
CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD.
THROUGH ITS AUTHORIZED OFFICER SHRI AJAY SINGH THAKUR
Versus
M/S AVNI AGRO INDUSTRIES THROUGH ITS PROPRIETERESS
SMT. SUNITA SHARMA AND OTHERS
Appearance:
Shri Aditya Vaibhav Jha, learned counsel for the petitioner.
Shri Shrey Raj Saxena, learned Deputy Advocate General for the
respondent(s) / State.
Shri Ajay Jain, learned counsel for the respondent / writ petitioner.
ORDER
Per: Justice Subodh Abhyankar
The present review petition is filed under Order XLVII Rule 1 of the
Code of Civil Procedure, 1908 seeking following reliefs:-
1. Review and modify the order dated 23.04.2026 passed by this Hon’ble
High Court in Writ Petition bearing No. 15011 of 2026 to the extent that. ~ it
vacates the relief of stay granted to the Respondents No. 1 to 3 whereby the
Petitioner is restrained from taking physical possession of the mortgaged
property and auctioning the same for outstanding loan amount.
2. Pass an appropriate order to allow the present Petitioner financial
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 23-10-2026
18:04:21

NEUTRAL CITATION NO. 2026:MPHC-IND:29533
2 RP-1007-2026
institution to take physical possession of mortgaged property in compliance of

the notice date 15.04.2026 issued by Tahsildar, Kasrawad as the Respondents
No. 1 to 3 have failed to comply with the order dated 11.03.2026 passed by the
DRT, Jabalpur.
3. Pass any other or further order(s) deemed fit in the interest of justice.
02. The review petition is seeking the modification of the order
dated 23.04.2026 passed in W.P. 15011 of 2026, whereby while disposing of
the petition filed by the borrower following observations were made:-
''Learned counsel for the petitioners submits that at present the post of
Presiding Officer ‘DRT Jabalpur is vacant and the additional charge has
not been given to any Presiding Officer of DRT Jabalpur.
Considering the saine, the present petition is disposed of with a direction
to the Registrar, DRT Jabalpur to list the same as soon as the charge of
DRT Jabalpur is given to any Presiding Officer or any incumbent joins,
whichever is earlier.
Considering the submission of counsel for the petitioners that the
possession of the subject matter is due on 27.04.2026, it is directed that
the status quo as it exists. today in respect of mortgaged property shall be
maintained, and in case if the auction takes place, the same shall not be
finalized till the consideration of the application for stay by the
Presiding Officer, DRT Jabalpur.''
This order is subject to the filing of 4 copy of the order passed today
before the DRT J abalpur within three working days. In case if the order is
not filed within the aforesaid period, the interim protection granted to
the petitioners shall come to an end automatically.
With the aforesaid, the present petition stands disposed of.''
03. Learned counsel for the review petitioner has submitted that
although this Court had directed the Debt Recovery Tribunal (DRT) to
decide the matter expeditiously, but at the time of filing of the writ petition,
the interim order passed by the DRT on 11.03.2026 was already on record,
whereby DRT had directed the writ petitioner to pay Rs.3,00,000/- by
13.03.2026 and remaining Rs.3,00,000/- by 18.03.2026 and submit a suitable
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 23-10-2026
18:04:21

NEUTRAL CITATION NO. 2026:MPHC-IND:29533
3 RP-1007-2026
proposal for settlement of the account. However, till date neither the amount

has been deposited nor any suitable proposal has been submitted. Learned
counsel further submitted that the writ petitioner has clearly voilated the
interim order passed by the DRT and has obtained the order dated
23.04.2026 from this Court which leads to non-auction of the property in
question as no person is coming forward to purchase the said property
because the order passed by this Court is in operation.
04. Learned counsel for the respondent / writ petitioner, on the other
hand, has opposed the prayer and it is submitted that although the writ
petitioner tried to pay the amount through Demand Draft, but the review
petitioner did not accept the DD.
05. Be that as it may, taking note of the fact that before passing of
the aforesaid order by this Court, the interim order of the DRT was already
in operation, which appears to have been missed by this Court due to
inadvertence and learned counsel for the writ petitioners did not apprise the
same, we find there was no occasion for this Court to pass the impugned
order dated 23.04.2026 directing the DRT to decide the matter as if no
interim order was passed by the DRT and further considering the fact that the
writ petitioner has also not complied with the interim order passed by the
DRT on 11.03.2026 which was in operation.
06. In view of the above, the order dated 23.04.2026 is modified and
it is observed that in the light of the order passed by the DRT dated
18.03.2026, the observation made by this Court vide order dated 23.04.2026
will not come in way of the review petitioner for conducting the auction
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 23-10-2026
18:04:21

NEUTRAL CITATION NO. 2026:MPHC-IND:29533
4 RP-1007-2026
proceeding.

07. With the aforesaid, Review Petition stands disposed of.
(SUBODH ABHYANKAR)
(ALOK AWASTHI)
JUDGE
JUDGE
Ravi

Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 23-10-2026
18:04:21