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SARFAESI Act, 2002

29 judgments · newest first · showing 1–29

VARTHANA FINANCE PRIVATE LIMITEDversusSTATE OF U.P. AND 11 OTHERS

Varthana Finance Private Ltd filed a writ petition under Article 226 seeking a direction to the competent authority to execute a Section 14 order of the SARFAESI Act dated 10‑11‑2025 for possession of secured assets. The petitioner relied on the Supreme Court decision in C. Bright v. District …

VARTHANA FINANCE PRIVATE LIMITEDversusSTATE OF U.P. AND 9 OTHERS

The petitioner, Varthana Finance Private Limited, filed a writ petition under Article 226 seeking a direction to the competent authority to execute a Section 14 order of the SARFAESI Act dated 22 July 2025 for possession of secured assets. The petitioner relied on the Supreme Court decision in C. …

INDIA SHELTER FINANCE CORPORATION LTDversusSTATE OF U.P. AND 5 OTHERS

The petitioners, India Shelter Finance Corporation Ltd., sought a writ of mandamus directing the respondents to ensure physical possession of a mortgaged property after an order under Section 14 of the SARFAESI Act was passed by the Additional District Magistrate. The petition argued that the …

Sanjay SinghversusThe Zonal Manager

DISMISSED

Petitioner Sanjay Singh filed a writ petition challenging notices issued by State Bank of India under Sections 13(2) and 13(4) of the SARFAESI Act, 2002. The bank submitted a letter dated 16‑06‑2026 indicating that those notices had been withdrawn. The court examined whether the petition remained …

M/s Shah EnterprisesversusThe Union of India

DISPOSED

The petitioners, M/s Shah Enterprises and its proprietors, filed a writ petition in the Patna High Court challenging actions taken by Utkarsh Small Finance Bank and other banking officials. They sought relief against the bank’s enforcement measures, alleging violation of their rights. The Court …

STATE BANK OF INDIAversusTHE STATE OF MAHARASHTRA AND ORS.

Allowed

The State Bank of India (SBI) appealed against the trial court’s order rejecting its application to auction mortgaged properties of respondents 4‑8 under the SARFAESI Act. SBI had earlier classified the loans to these respondents as NPA and issued a demand notice under Section 13(2) of the SARFAESI …

RAJENDRA TIWARI AND ANOTHERversusSTATE OF U.P. AND 12 OTHERS

Petitioners filed a writ petition under Article 226 seeking a direction for the State respondents to deliver possession of secured assets in favor of the secured creditor. They relied on the Supreme Court’s decision in C. Bright v. District Collector, contending that a nodal officer and police …

KAILASH CHANDversusSTATE OF U.P. AND 5 OTHERS

The petitioner, a borrower, challenged an order of a financial institution under the SARFAESI Act, seeking time to clear outstanding dues of Rs. 3,24,882.46. The bank agreed to accept an initial payment of Rs. 1.5 lakh by 6 June 2026 and the balance in two bimonthly installments, provided the …

HDFC BANK LTD. (ERSTWHILE HDFC LTD.)versusSTATE OF U.P. AND 4 OTHERS

HDFC Bank Ltd. filed a writ petition under Article 226 seeking a mandamus directing the State respondent (No.3) to pass an order in SARFAESI proceedings (Case No. 5136/2021) and to hand over physical possession of the secured asset. The petition relied on the Supreme Court’s earlier decision in …

Abhijeet Kumar SinghversusThe Union of India

ALLOWED

The petitioner, a director and guarantor of a defaulting company, challenged a Look Out Circular (LOC) and a passport endorsement marking his passport as “cancelled without prejudice” that barred his travel abroad. He argued that the LOC was issued mechanically at the request of Canara Bank without …

A.U. SMALL FINANCE BANK LTD.versusSTATE OF UP AND 5 OTHERS

A.U. Small Finance Bank Ltd. filed a review petition challenging the High Court's order dated 3 April 2026, which had directed the prescribed authority merely to dispose of a Section 14 application under the SARFAESI Act, 2002. The bank argued that the Section 14 application had already been …

AALHA CHAURASIYA AND 2 OTHERSversusSTATE OF U.P. AND 7 OTHERS

The petitioners, claiming ownership of Plot No. 401 Minjumla, filed a writ under Article 226 challenging a SARFAESI Act Section 14 order and a subsequent letter issued by the respondent bank. The bank contended that the property belonged to the borrower based on a will and revenue records showing …

TATA HOUSING FINANCE LTD.versusSTATE OF U.P. AND 5 OTHERS

Tata Housing Finance Ltd. filed a writ petition under Article 226 seeking a mandamus directing the State of U.P. (respondent No.3) to pass an order and hand over physical possession of a secured asset in a SARFAESI Act case (Case No. 5084 of 2025). The petition relied on the Supreme Court’s earlier …

JANA SMALL FINANCE BANK LTD.versusSTATE OF UTTAR PRADESH AND 5 OTHERS

The petitioner, Jana Small Finance Bank Ltd., filed a writ petition under Article 226 seeking a direction to the competent authority to execute its Section 14 order dated 27 December 2021 for possession of secured assets. The petitioner relied on the Supreme Court’s decision in C. Bright v. District …

JANA SMALL FINANCE BANK LTDversusSTATE OF UTTAR PRADESH AND 6 OTHERS

The petitioner, Jana Small Finance Bank Ltd, filed a writ petition under Article 226 seeking a direction to the competent authority to execute its Section 14 order dated 27 December 2021 for possession of secured assets. The petitioner relied on the Supreme Court judgment in C. Bright v. District …

MOHD FARID KHANversusSTATE OF U.P. AND 2 OTHERS

The petitioner, Mohd Farid Khan, challenged a sale notice issued by a financial institution for recovery of a loan of Rs.28,97,633.05 under the SARFAESI Act. He offered to pay the full amount if granted a time‑extension. The bank agreed to accept an initial payment of Rs.8 lakh by 18 April 2026 and …

SMT NILABEN RAJESH SONIversusABHYUDAYA CO.OP. BANK LIMITED

DISMISSED

The petitioners, members of Abhyudaya Co‑Op Bank, defaulted on loan repayments and the bank referred the dispute to arbitration under Section 84 of the Multi‑State Co‑operative Societies Act, 2002, also invoking the SARFAESI Act. The arbitrator issued awards which the petitioners challenged under …

M/S. SUNSHINE BUILDERS AND DEVELOPERSversusHDFC BANK LIMITED AND ORS.

Dismissed

The petitioner, Laxmi (Sunshine Builders), filed a writ petition challenging a DRAT order that directed it to deposit Rs. 125 crore as a pre‑deposit under Section 18(1) of the SARFAESI Act. The petitioner argued it was not a borrower or mortgagor and therefore not liable to deposit. The respondents …

Yogesh Kumar GuptaversusThe Union of India

WITHDRAWN

The petitioner, Yogesh Kumar Gupta, filed a civil writ petition in the Patna High Court challenging actions of the Reserve Bank of India and Utkarsh Small Finance Bank. He later sought the Court's permission to withdraw the writ and instead pursue remedies under Section 17 of the SARFAESI Act, 2002. …

SIVAKUMARversusTHE INSPECTOR OF POLICE & ANR.

2025 INSC 558Appeal(s) allowed

The appellant, a Manager at the Head Office of HDFC Ltd., was charged in an FIR for allegedly suppressing the fact that a mortgaged property had been acquired by the Tamil Nadu Housing Board and for cheating the purchaser at a public auction conducted in 2012. He filed a petition under Section 482 …

VICTORY IRON WORKS LTD.versusJITENDRA LOHIA & ANR

2023 INSC 230Dismissed

The Supreme Court considered a dispute arising out of a corporate insolvency resolution process involving Avani Towers (the corporate debtor), Energy Properties (the ostensible owner of a 10.19‑acre land), and Victory Iron Works (a licensee of a 10,000 sq ft portion). The corporate debtor had …

SUBHASH CHANDER & ORS.versusM/S BHARAT PETROLEUM CORPORATION LTD.(BPCL) & ANR.

2022 INSC 107Dismissed

The appellants, owners of a 10,000 sq ft plot in Kaithal, sued the respondents for possession after a lease to Burmah Shell (later transferred to Bharat Petroleum) expired in 1998. The lease had a renewal clause exercised once, and the Central Government, under the Burmah Shell (Acquisition of …

M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD.versusSTATE OF UP & ORS. ETC.

2021 INSC 716Disposed off

The Supreme Court considered appeals filed by Newtech Promoters and Developers challenging orders of the Uttar Pradesh Real Estate Regulatory Authority that directed refund of home‑buyers' money with interest. The promoters argued that the authority, a single member, lacked jurisdiction, that the …

JIGNESH SHAH & ANR.versusUNION OF INDIA & ANR.

2019 INSC 1080Disposed off

The petitioners, shareholders of La‑Fin Financial Services Pvt. Ltd., challenged a winding‑up petition filed by IL&FS under Section 433(e) of the Companies Act, 1956, which had been transferred to the NCLT as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. The dispute arose …

ROBUST HOTELS PVT. LTD. & ORS.versusEIH LIMITED & ORS.

2016 INSC 1107Disposed off

EIH Ltd. entered into a Technical Services Agreement with Balaji Hotels (BHEL) for operating a hotel, and paid Rs 15.21 crore as financial accommodation. BHEL later obtained financial assistance from IFCI and TFCI, which sold the hotel unit to Robust Hotels under SARFAESI proceedings despite an …