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Bombay High Court

AJIT RAJARAM MATSAGARversusTHE STATE OF MAHARASHTRA THR. OFFICE GOVERNMENT PLEADER

Disposal
Disposed Off

Holding

The writ jurisdiction cannot be invoked; the remedy lies exclusively under the SARFAESI Act.

Summary

Ajit Rajaram Matsagar filed a writ petition challenging an order dated 4 August 2025 issued by the Additional Chief Judicial Magistrate under Section 14 of the SARFAESI Act. The High Court held that challenges to actions taken under Section 14 must be pursued under the SARFAESI Act itself and that the court's writ jurisdiction is not available for such matters. Consequently, the petition was dismissed for non-prosecution. No counsel appeared for the petitioner, while the respondent was represented by Mr. Vikas M. Mali, AGP. The decision reaffirms the exclusive remedial route provided by the SARFAESI Act for disputes arising under its provisions.

Issues considered

  • Whether the writ jurisdiction of the High Court can be invoked to challenge an order passed under Section 14 of the SARFAESI Act
  • Whether the SARFAESI Act provides an exclusive remedy for disputes arising under Section 14

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • writ jurisdiction
  • non-prosecution
  • financial assets
  • enforcement of security interest

Judgment

2026:BHC-KOL:9412-DB

                                                                       14-WP-12030-2025(C).doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                        CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 12030 OF 2025

               Ajit Rajaram Matsagar                                       ...Petitioner
                         Versus
               The State of Maharashtra and Others                         ...Respondent
                                                ——————
               None for the Petitioner.
               Mr. Vikas M. Mali, AGP for the Respondent-State.
                                              ——————
                                                  Coram :     Sharmila U. Deshmukh &
                                                              Neeraj P. Dhote, JJ.
                                                  Date      : September 30, 2026.
               P. C. :

               1.        The present Petition challenges the order dated 4 th August, 2025

               passed by the learned Additional Chief Judicial Magistrate under

               Section 14 of the Securitisation and Reconstruction of Financial Assets

               and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”).

               2.        None appears on behalf of the Petitioner.

               3.        It is well settled that the remedy is available under the SARFAESI

               Act, for challenging any action taken under Section 14 of the said Act,

               and the writ jurisdiction of this Court cannot be invoked.

               4.        It appears that, as the order was passed in the year 2025, the

               same must have been taken to its logical end. The Petition stands

               dismissed for non-prosecution.



                [Neeraj P. Dhote, J.]                         [Sharmila U. Deshmukh, J.]


               Jamadar - SL                        1 of 1


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