Bombay High Court
FAQIE ABDUL LATIF MUKADAMversusTHE STATE OF MAHARASHTRA THR. GOVERNMENT PLEADER AND ORS.
- Disposal
- Disposed Off
Holding
The petition is dismissed as it is misconceived and an alternative remedy under the SARFAESI Act is available.
Summary
The petitioner, Faqie Abdul Latif Mukadam, filed a writ petition challenging the State of Maharashtra's action under the SARFAESI Act to auction his property, seeking a stay of the auction notice dated 25 September 2025. The court observed that the petitioner had an alternative remedy available under the SARFAESI Act and appeared uninterested in pursuing the petition further. Consequently, the court held that the petition was misconceived. No substantive hearing was conducted as the petitioner did not appear. The court dismissed the petition, allowing the auction process to proceed.
Issues considered
- What is the appropriate remedy for a petitioner seeking to stay an auction under the SARFAESI Act?
- Whether a writ petition is maintainable when an alternative remedy under the SARFAESI Act exists
Legislation cited
Subjects
- SARFAESI Act
- auction
- stay of execution
- writ petition
- alternative remedy
- civil appellate jurisdiction
Judgment
2026:BHC-KOL:9413-DB
15-WP-12057-2025(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12057 OF 2025
Faqie Abdul Latif Mukadam ...Petitioner
Versus
The State of Maharashtra and Others ...Respondents
——————
None for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 30, 2026.
P. C. :
1. By the present Petition, the Petitioner impugns the action taken
by the Respondent No.2 under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002
(“SARFAESI Act”) and seeks stay to the auction sale as per the notice
dated 25th September, 2025.
2. None appears on behalf of the Petitioner.
3. The Petition is clearly misconceived, as an alternative remedy is
available to the Petitioner under the SARFAESI Act. It appears that the
Petitioner is not interested in prosecuting the Petition, as the auction
sale is of the year 2025 and would have been taken to its logical end.
4. In light of the above, the Petition stands dismissed.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Jamadar - SL 1 of 1
Checking your session…