Madhya Pradesh High Court Sukhwant Singh Babbar vs The State Of Madhya Pradesh on 4 April, 2024 1 W.P. No. 19562 of 2023 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI & HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA ON THE 4th APRIL, 2024 WRIT PETITION No. 19562 of 2023 BETWEEN: SUKHWANT SINGH BABBAR S/O LATE SHRI HARDAYAL SINGH 1. JI, AGED ABOUT 76 YEARS, OCCUPATION: BUSINESS E1, SAKET NAGAR, INDORE (MADHYA PRADESH) MR. GURUCHARAN SINGH S/O LATE SHRI GURDEV SINGH, AGED 2. ABOUT 85 YEARS, OCCUPATION: BUSINESS 35 GULMOHAR COLONY DISTRICT INDORE (MADHYA PRADESH) .....PETITIONERS (SHRI AJAY BAGADIA , SR. ADVOCATE WITH SHRI KANISHKA GUPTA, LEARNED COUNSEL FOR THE PETITIONERS ) AND THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY DISTRICT TRADE AND INDUSTRIES CENTRE MICRO SMALL AND 1. MEDIUM ENTERPRISES DEPARTMENT 4TH FLOOR, VINDHYACHAL BHAWAN, BHOPAL (MADHYA PRADESH) COMMISSIONER OF INDUSTRIES (APPELLATE AUTHORITY UNDER M.P. LAND RULES 2021) DISTRICT TRADE AND 2. INDUSTRIES CENTRE MICRO SMALL AND MEDIUM ENTERPRISES DEPARTMENT 4TH FLOOR VINDHYACHAL BHAWAN DISTRICT BHOPAL (MADHYA PRADESH) GENERAL MANAGER . DISTRICT TRADE AND INDUSTRIES CENTRE MICRO SMALL AND MEDIUM ENTERRPISES 3. DEPARTMENT GOVT. OF MADHYA PRADESH POLO GROUND INDUSTRIAL ESTATE SECTOR D INDORE (MADHYA PRADESH) M/S SHRI ISHAR ALLOY STEELS LTD. THROUGH THE OFFICIAL 4. LIQUIDATOR 5TH FLOOR BANK OF INDIA, BUILDING MAHATMA GANDHI ROAD, FORT MUMBAI (MAHARASHTRA) 2 W.P. No. 19562 of 2023 M/S AIREN DEVELOPERS HAVING ITS OFFICE AT 401 VIKRAM 5. HEIGHTS 25/2 YASHWANT NIWAS ROAD, DISTRICT INDORE (MADHYA PRADESH) DENA BANK (NOW KNOWN AS BANK OF BARODA) HAVING ITS 6. OFFICE AT INDUSTRIAL FINANCE BRANCH MAKER TOWER E CUFF PARADE MUMBAI (MAHARASHTRA) ICICI BANK LTD. REGISTERED OFFICE AT ICICI TOWERS 7. BANDRA KURLA COMPLEX BANDRA EAST MUMBAI (MAHARASHTRA) INTERNATIONAL ASSET RECONSTRUCTION COMPANY PVT. LTD. I.A.R.C.L. ASSIGNEE OF STANDARD CHARTED BANK 8. HAVING ITS OFFICE AT A 301 MILLENNUM PLAZA SECTOR 27 GURUGRAM (HARYANA) IFCI LIMITED (A GOVT. OF INDIA UNDERTAKING) A COMPANY REGISTERED AS NON BANKING FINANCIAL INSTITUTION, HAVING ITS REGISTERED OFFICE AT : IFCI TOWER, 61 NEHRU 9. PLACE, NEW DELHI AND REGIONAL OFFICE AT: EARNEST HOUSE, 9TH FLOOR, NCPA MARG, NARIMAN POINT, MUMBAI (MAHARASHTRA) DEBT RECOVERY TRIBUNAL, MUMBAI III THROUGH ITS 10 RECOVERY OFFICER BHARAT SARKAR, FINANCE MINISTRY, . MTNL BHAWAN, NAVI MUMBAI MAHARASHTRA (MAHARASHTRA) DEBT RECOVERY TRIBUNAL JABALPUR THROUGH ITS RECOVERY OFFICER BHARAT SARKAR, FINANCE MINISTRY, 11. 797, SECOND FLOOR, SHANTI KUNJ, JABALPUR (MADHYA PRADESH) .....RESPONDENTS (SHRI ANIKET NAIK , DY ADVOCATE GENERAL FOR THE RESPONDENT/STATE) (MS RACHNA KUSHWAH, LEARNED COUNSEL FOR THE RESPONDENT [R4]. (SHRI VIJAYESH ATRE, LEARNED COUNSEL FOR THE RESPONDENT [R5]. (SHRI ABHINAV DHANODKAR, LEARNED COUNSEL FOR THE RESPONDENT [R6]. (SHRI SANJAY PATHAK, LEARNED COUNSEL FOR THE RESPONDENT [R7]. (SHRI MAYANK SHARMA, LEARNED COUNSEL FOR THE RESPONDENT [R8]. (SHRI VARUN MISHRA, LEARNED COUNSEL FOR THE RESPONDENT [R9]. (SHRI HIMANSHU JOSHI, LEARNED COUNSEL FOR THE RESPONDENT [R10]. Reserved on : 15.02.2024 3 W.P. No. 19562 of 2023 Pronounced on : 04.04.2024 This petition having been heard and reserved for order coming on for pronouncement this day, Hon'ble Shri Justice S.A. DHARMADHIKARI pronounced the following ORDER With the consent of the parties, matter is heard finally at motion stage. Petitioners have filed petition under Article 226 of Constitution of India seeking following reliefs: "A. That, an appropriate writ, direction or order in the nature of mandamus or certiorari or as deemed fit be issued to respondent no. 3 to cancel the lease deed executed in favour of Respondent no.5 if executed any after the issuance of the a