Tata Capital Housing Finance Limited vs The State Of Jharkhand Through The ...
2025 Latest Caselaw 1257 Jhar

Jharkhand High Court

Tata Capital Housing Finance Limited vs The State Of Jharkhand Through The ... on 30 July, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                         2025:JHHC:20987




 IN THE HIGH COURT OF JHARKHAND AT RANCHI
               W.P.(C) No.3215 of 2025
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Tata Capital Housing Finance Limited, a Housing Finance Company having its registered office at 11th Floor, Tower A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, P.O. & P.S. Lower Parel, District Mumbai, Maharashtra and having one of its Branch offices at 1st Floor, Gayathri Enclave, K-Road, Bistupur, Jamshedpur-831001, Jharkhand represented through its authorized officer Abhirup Ghosh, S/o Achintya Kumar Ghosh, R/o 313 Parnashree Pally, P.O. & P.S. Parnashree Pally, District-Kolkata, West Bengal.

.......... Petitioner.

-Versus-

1. The State of Jharkhand through the Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District- Ranchi, Jharkhand.

2. The Deputy Commissioner, East Singhbhum, P.O. & P.S. Sakchi, Jamshedpur, District -East Singhbhum.

3. Mr. Avinash Kumar Pattanaik, S/o Late Ashok Kumar Das, R/o Sunder Bhawan, Durga Bari Road, P.O. & P.S. Parsudih, Jamshedpur, Jharkhand.

4. Mrs. Rinku Pattanaik, R/o Sunder Bhawan, Durga Bari Road, P.O. & P.S. Parsudih, Jamshedpur, Jharkhand.

5. Ms. Swarna Lata Das, Mother of Mr. Avinash Kumar Pattanaik, R/o Sunder Bhawan, Durga Bari Road, P.O. & P.S. Parsudih, Jamshedpur, Jharkhand.

.......... Respondents.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Chiranjeev Bhaduri, Advocate For the State : Mr. Ankit Kumar, AC to S.C.-I

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Order No.02 Date: 30.07.2025

1. The present writ petition has been filed for issuance of

direction upon the respondent no. 2- the Deputy

Commissioner, East Singhbhum to dispose of the application

2025:JHHC:20987

preferred by the petitioner under Section 14 of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (in short "SARFAESI

Act, 2002").

2. Learned counsel for the petitioner submits that the petitioner

has filed an application under Section 14 of the SARFAESI Act,

2002 before the respondent no.2 on 19th April, 2018, however,

no effective step has been taken on the same by the said

respondent which has compelled it to prefer the present writ

petition. It is further submitted that the issue raised in the

present writ petition is covered by the order/judgment dated

15th October, 2024 passed by this Court in W.P.(C) No.5549 of

2024 (HDB Financial Services Pvt. Ltd. versus the State

of Jharkhand and Others).

3. Learned counsel appearing on behalf of the respondent-State

also submits that the issue involved in the present writ petition

is covered by the aforesaid order/judgment.

4. Considering that the issue raised in the present writ petition is

covered by the judgment rendered by this Court in the case of

HDB Financial Services Pvt. Ltd. (supra), the same is also

disposed of directing the respondent no.2 to expedite the

proceeding in question and to conclude the same as soon as

possible and not beyond the period of 30 days from the date

of receipt/production of a copy of this order.

(Rajesh Shankar, J.) Rohit/