[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Cholamandlam Investment And Finance ... vs State Of Rajasthan (2026:Rj-Jd:16944) on 10 April, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:16944]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7393/2026
Cholamandlam Investment And Finance Company Limited,
Having Its Address At 5Th And 6Th Floor Plot No. 306,308,309
At Gomes Defence Colony Vaishali Nagar -302021 Through Its
Authorised Signatory Mr. Pawan Kumar Nagar S/o Shri
Ramsahay Dhakad, Aged About 32 Years.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary Its Office At,
C Scheme, Ashok Nagar, Jaipur, Rajasthan 302007.
2. Superintendet Of Police, Didwana City, Didwana-
Kuchaman District, Rajasthan.
3. Station House Office (Sho), Police Station Maroth,
Didwana-Kuchaman Rajasthan.
4. Mr Chaina Ram Gurjar S/o Shri Bhanwar Lal, R/o Near
Tejaji Mandir, Hanuman Temple, Mundghasoi, District
Nawa.
5. Mrs. Saroj Devi W/o Mr. Chaina Ram Gurjar, Near Tejaji
Mandir, Hanuman Temple, Mundghasoi, District Nawa.
6. Shri Sanwarmal S/o Shri Sharman Ram, R/o Nitharwalon
Ki Dhani, Lunwa, Government School, Lunwa.
----Respondents
For Petitioner(s) : Mr. Arpit Mehta
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
10/04/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"Therefore, most humbly prayed that respondent no. 2 and 3 be
directed to forthwith remove trespassers from the property viz. "All The
Part And Parcel Of Property of Mr. Mahendra Singh at Patta No. 24
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[2026:RJ-JD:16944] (2 of 4) [CW-7393/2026]
Village 4ML, Gram Panchayat 4ML, Tehsil & District Sri Ganganagar
335001, Rajasthan admeasuring 1420 Sq.Ft." Which was in physical
possession of the petitioner company and to take further steps in
handing over the vacant and physical possession of the said property to
the Authorized Officer of the petitioner company in time bound manner.
Any other appropriate order or direction which the Hon'ble Court may
deem fit and proper in the facts and circumstances of the case."
2. Learned counsel for the petitioner submitted that the
petitioner is a Bank and it had granted loan to the respondent
No.4 to 6. Since the loan amount was not repaid by the
respondent No.4 to 6, therefore, he was declared as NPA and the
proceedings under Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (for short
'the Act of 2002') were initiated by the petitioner- Bank under the
Act of 2002, possession of the mortgaged property was taken over
by the petitioner- Bank with the aid of police on 18.12.2025.
3. Learned counsel for the petitioner submitted that the
respondent No.4 to 6 after the possession of the mortgaged
property being taken over by the petitioner- Bank, forcibly entered
the mortgaged property by breaking in. It was submitted that act
and inaction of the respondent No.4 to 6 is nothing but
tantamount to be an assault on the rule of law. He submits that in
the circumstances, the petitioner- Bank approached the
Superintendent of Police, Didwana City, District Didwana-
Kuchaman and SHO, Police Station Maroth, District Didwana-
Kuchaman for restoring the possession of the mortgaged property
but till date, no action has been taken by them.
4. Learned counsel further submitted that it is a sorry state of
affairs that despite repeated requests by the petitioner- Bank to
take action in the matter, the police authorities are rather silent in
the matter by not taking any action pursuant to the complaint
registered by the petitioner - Bank. Learned counsel thus prayed
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[2026:RJ-JD:16944] (3 of 4) [CW-7393/2026]
that the District Superintendent of Police, Didwana City, District
Didwana- Kuchaman and SHO, Police Station Maroth, District
Didwana- Kuchaman may be directed to act upon the applications/
representations filed by the petitioner for securing the possession
of the property mortgaged by it particularly keeping in view the
fact that the property in dispute already was taken over by the
petitioner - Bank with police aid on 18.12.2025.
5. Heard learned counsel for the petitioner. Perused the
material available on record.
6. Having considered the facts and circumstances of the case,
this Court deems it just and appropriate to dispose of the present
writ petition with a direction to the Superintendent of Police,
Didwana City, District Didwana- Kuchaman and SHO, Police
Station Maroth, District Didwana- Kuchaman to act immediately
take appropriate action for restoring the possession of the
mortgaged property to the bank, in accordance with law. This
Court is compelled to observe that if the petitioner is not allowed
to take possession of the said property, it will amount to clear case
of defiance of law and, therefore, the Superintendent of Police,
Didwana City, District Didwana- Kuchaman and SHO, Police
Station Maroth, District Didwana- Kuchaman are under an
obligation to act in consonance with the provisions of law for
restoring the possession of the petitioner in the circumstance
since the petitioner has already approached them.
7. It is expected from the Superintendent of Police, Didwana
City, District Didwana- Kuchaman and SHO, Police Station Maroth,
District Didwana- Kuchaman that appropriate action for restoring
the possession of the mortgaged property in favour of the
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[2026:RJ-JD:16944] (4 of 4) [CW-7393/2026]
petitioner- Bank shall be taken by them within a period of fifteen
days from the date of receipt of certified copy of this order.
8. With the aforesaid directions, the present writ petition stands
disposed of.
(KULDEEP MATHUR),J
93-AnilKC/-
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