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Bombay High Court

SAJID ALIAHMAD SHAIKHversusICICI HOME FINANCE LTD AND ANR

Disposal
Disposed Off

Holding

A writ petition challenging a SARFAESI Act possession order is not maintainable where the order is already executed and the petitioner has an alternate remedy under the Act.

Summary

The petitioner, Sajid Aliahmad Shaikh, challenged a physical possession order dated 30 January 2026 issued under Section 14 of the SARFAESI Act against him by ICICI Home Finance Ltd. The auction purchaser’s counsel argued that the possession had been taken and the borrowers subsequently trespassed, prompting a separate writ petition. The Court observed that the petitioner had an alternate remedy available under the SARFAESI Act and noted that the possession order had already been implemented. Consequently, the Court was not inclined to entertain the petition and dismissed it. The interim application filed alongside the petition was also disposed of.

Issues considered

  • Whether a writ petition challenging a physical possession order under Section 14 of the SARFAESI Act can be entertained when the order has already been implemented and an alternate remedy exists.

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • Physical possession order
  • Writ petition
  • Alternate remedy
  • Enforcement of security

Judgment

2026:BHC-KOL:9780-DB

                                                                      14-WP-1182-2026(C).doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                       CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 1182 OF 2026

               Sajid Aliahmad Shaikh                                     ...Petitioner
                         Versus
               ICICI Home Finance Ltd And Another                        ...Respondents

                                                 WITH
                              INTERIM APPLICATION (STAMP) NO. 3433 OF 2026
                                                  IN
                                     WRIT PETITION NO. 1182 OF 2026

               Aishwarya Tanaji Dhende                                   ...Applicant
               IN THE MATTER BETWEEN :
               Sajid Aliahmad Shaikh                                     ...Petitioner
                         Versus
               ICICI Home Finance Ltd And Another                        ...Respondents

                                              ——————
               None for the Petitioner.
               None for the Respondents.
               Mr. Shubham dhenge a/w Mr. Siddhesh Kadam for the intervenor.
                                              ——————
                                               CORAM :        SHARMILA U. DESHMUKH &
                                                              NEERAJ P. DHOTE, JJ.
                                               DATE       :   OCTOBER 08, 2026.
               P. C. :

               1.        The present Petition challenges the physical possession order

               dated 30th January 2026, passed under Section 14 of the Securitisation



               Jamadar - SL                      1 of 2
                                                     14-WP-1182-2026(C).doc


and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 (“SARFAESI Act”).

2.      Learned counsel appearing for the auction purchaser submits that

the possession was taken over and thereafter the borrowers have

forcibly trespassed into the subject property, for which a separate Writ

Petition has been filed.

3.      The Petitioner has an alternate remedy under the SARFAESI Act

and as the order is already implemented, we are not inclined to

entertain the Petition. The Petition stands dismissed.

4.      Interim Application does not survive for consideration and stands

disposed of.




 [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




Jamadar - SL                     2 of 2


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