IN THE COURT OF MUNSIF, 1ST SARAN CHAPRA

APPLICATION NO. ____ OF 2022

MR. VIRENDRA JAISWAL ……Applicant

V/S

MR. DINESH JAISWAL & ORS …..Defendants

APPLICATION TO PROVIDE
PHYSICAL CHARGE OF
PROPERTY.

IT IS MOST RESPECTFULLY SHEWETH:

1. That the above suit is pending in this Hon’ble Court bearing suit No. 56 of
2021.

2. That the Applicant has filed an Intervention Application in which the

Hon’ble Additional Chief Metropolitan Magistrate, 19th Court, At
Esplanade, Mumbai has passed an order dated 06/07/2022 stating that:

“the remedy to the intervener is provided in Section 17 of the SARFAESI

Act. In the present Application of finance only assistance is required to be
given to the secure creditor for the possession of secure asset which is
situated within the jurisdiction of this court. Moreover, Hon’ble Bombay
High Court in the case of CA Manish Mehta & Ors. V/s The Board of
Directors of Represented by its Managing Directors of ICICI Bank and
 other Writ Petition (L) No. 8418 of 2022 decided on 23.03.2022 relied on
by Ld. Advocate for finance held that, the SARFAESI Act does not
remotely suggest compliance with natural justice at the stage when section
13 (4) or 14 operates” and the court has disposed off the Application.

3. That in pursuance to the order dated 06/07/2022 there is an apprehension

that the property situated in Mumbai may be misused, so we are requesting
for the physical possession of the property.

4. That the Defendants are drawing all the benefits and the applicant being
deprived of the same.

5. In view of the above said facts and circumstances, it is most respectfully

prayed that this Hon’ble Court be pleased to provide physical charge of the
property.

6. That this Hon’ble Court be pleased to appoint the Defendants as the agent of
the said property for which they shall provide monthly compensation / rent
to the tune of Rs. 50,000/- (Rupees Fifty Thousand Only) till the dues
_______.

7. It is further prayed that any other appropriate arrangement for redress of

grievance of the petitioner may also be ordered.

Through
 __________________
Advocate High Court

Place: Saran Chapra, Bihar

Dated: __/___/2022