Cholamandlam Investment And Finance ... vs Chief Judicial Magistrate
2026 Latest Caselaw 1609 MP

Madhya Pradesh High Court

Cholamandlam Investment And Finance ... vs Chief Judicial Magistrate on 16 February, 2026

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2026:MPHC-IND:4694




                                                               1                                  WP-2602-2026
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                         BEFORE
                                        HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                            &
                                          HON'BLE SHRI JUSTICE ALOK AWASTHI
                                                 ON THE 16 th OF FEBRUARY, 2026
                                                  WRIT PETITION No. 2602 of 2026
                           CHOLAMANDLAM INVESTMENT AND FINANCE CO.LTD. THROUGH
                               ITS AUTHORIZED OFFICER SHRI AJAY SINGH THAKUR
                                                    Versus
                                    CHIEF JUDICIAL MAGISTRATE AND OTHERS
                          Appearance:
                            None for the petitioner as the Advocates are abstaining from work due to the call
                          made by State Bar Council/Bar Association.

                                                                 ORDER

Per: Justice Vijay Kumar Shukla By way of this writ petition under Article 226 of the Constitution of India, the petitioner is not assailing any order but the inaction on the part of the respondent No.2 in not complying the order dated 29.10.2025 passed by the Chief Judicial Magistrate, Ujjain.

2. It is mentioned in the petition that despite there being an order dated 29.10.2025 passed by the Chief Judicial Magistrate, Ujjain in its favour under the

provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'SARFAESI Act') directing respondent No.2 / Tehsildar to take physical possession of the property and hand over the same to the petitioner, no action has been taken to comply with the said order. Therefore, the petitioner was left with no other option except to approach this Court seeking direction to respondent No.2 /Tehsildar to comply with the order dated 29.10.2025 and hand over the possession of the concerned property

NEUTRAL CITATION NO. 2026:MPHC-IND:4694

2 WP-2602-2026 (referred to as ''secured asset'') in time bound manner.

3. After going through the pleadings and record, we deem it necessary to dispose off the petition with a direction to the concerned Tahsildar to execute the order dated 29.10.2025 within a period of 30 days in accordance with law, if there is no legal impediment.

With the aforesaid, the petition stands disposed off. Let a copy of this order be sent to the concerned Tahsildar as well as Collector, Ujjain.

                               (VIJAY KUMAR SHUKLA)                                  (ALOK AWASTHI)
                                       JUDGE                                             JUDGE
                          MK