Vinod Jaiswal vs Hinduja Housing Finance Limited
2023 Latest Caselaw 21433 MP

Madhya Pradesh High Court

Vinod Jaiswal vs Hinduja Housing Finance Limited on 14 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari, Pranay Verma

                                                             1
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                                    HON'BLE SHRI JUSTICE PRANAY VERMA
                                             ON THE 14 th OF DECEMBER, 2023
                                              WRIT PETITION No. 30854 of 2023

                           BETWEEN:-
                           VINOD JAISWAL S/O MR.RAMGOPAL JAISWAL, AGED
                           ABOUT 36 YEARS, OCCUPATION: HOUSE SURVEY NO.
                           351, VILLAGE SOLESINDA, DHARAMPURI, SANWER
                           ROAD, INDORE (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (SHRI ROMIL MALPANI, ADVOCATE)

                           AND
                           1.    HINDUJA HOUSING FINANCE LIMITED THROUGH
                                 ITS AUTHORIZED OFFICER HINDUJA HOUSING
                                 FINANANCE LTD. BRANCH OFFICE - 101, B NRK
                                 BUSINESS PARK, FIRST FLOOR, NEAR MANGAL
                                 CITY,  VIJAY NAGAR,    INDORE (MADHYA
                                 PRADESH)

                           2.    NEERAJ   NEMA     OCCUPATION:   COURT
                                 COMMISSIONER INDORE 269 GUMASTA NAGAR
                                 ARIHANT HOSPITAL LINE INDORE (MADHYA
                                 PRADESH)

                                                                                          .....RESPONDENTS
                           (NONE)

                                 This petition coming on for admission this day, Justice Sushrut Arvind
                           Dharmadhikari passed the following:
                                                              ORDER

Heard on the question of admission and interim relief. The grievance of the petitioner is that, the Respondents have directed the petitioner to handover the possession of the property in question by

21.12.2023.

2. Learned counsel for the petitioner submitted that the website of the DRT is down for maintenance since 07.12.2023 itself, therefore, the petitioner is unable to E-file the appeal. As the website was not restored till 11.12.2023, therefore, he has approached this Court.

3. Learned counsel for the petitioner also pointed out that the E-filing has been made mandatory w.e.f. 31.01.2023 irrespective of the value of the subject matter therefore, he is left remediless. In such a situation, atleast till the E-filing of the appeal is done the petitioner may be protected by way of an order directing the Respondent No.1 not to finalize the auction proceedings.

4. Learned counsel for the petitioner has also relied on the judgment of the Apex Court in the case of M.P. High Court Bar Council Association vs. Union of India and Others reported in (2023) 7 SCR 347, to contend that E- filing has been made mandatory and there is no other option to file the appeal.

5 . Considering the aforesaid submissions and the facts and circumstances of the case, this petition is disposed off with the direction to the respondents not to take any coercive action against the petitioner in respect of possession for a period of seven days from the date of receipt of certified copy of the order passed today. The interim protection is granted to the petitioner only with the purpose for enabling him to file the Securitisation Application before the DRT Jabalpur, online.

Accordingly, this petition stands disposed off.

Certified copy today.

                             (S. A. DHARMADHIKARI)                                        (PRANAY VERMA)






                                   JUDGE       JUDGE
                           Vatan