Bombay High Court

SABA BABU ALIAS KRISHNA GOVEAKAR AND ANRversusCENTRAL BANK OF INDIA THR ITS AUTH OFFICER/BRANCH MANAGER AND 5 ORS

Disposal: Disposed of

Holding

The Court dismissed the writ petition because the petitioners have an alternative and efficacious remedy of appeal under Section 18 of the SARFAESI Act.

Summary

The petitioners, Saba Babu alias Krishna Goveakar and another, filed a writ petition seeking a declaration of rights under Section 8‑A of the Mundkar Act concerning a house they allege to be a Mundkar house. They claimed that an order dated 11 August 2026 appointing a receiver under Sections 25‑29 of the Recovery of Debts and Bankruptcy Act, 1993, issued by the DRT, Mumbai, resulted in their dispossession. The petition also noted that the matter was pending adjudication before the Mamlatdar of Pernem. The Court observed that the grievance fell within the ambit of Section 18 of the SARFAESI Act, which provides an appeal remedy for any person aggrieved by a DRT order. Since an efficacious alternative remedy existed under the SARFAESI Act, the Court declined to entertain the writ petition and dismissed it. The dismissal was ordered on 16 September 2026.

Issues considered

Whether a writ petition under Section 8‑A of the Mundkar Act is maintainable when an alternative appeal remedy under Section 18 of the SARFAESI Act is available.
Whether the Court can entertain the petition despite the pending adjudication before the Mamlatdar of Pernem.

Legislation cited

Mundkar Act — s. 8-A
Recovery of Debts and Bankruptcy Act, 1993 — s. 25, 26, 27, 28, 29
SARFAESI Act — s. 18

Subjects

writ petition
SARFAESI Act
alternative remedy
receiver appointment
Mundkar Act
DRT order
jurisdiction
dismissal

Judgment

                                  902 WP 1251 2026

     vinita

              IN THE HIGH COURT OF BOMBAY AT GOA
                    WRIT PETITION NO.1251 OF 2026

SABA BABU ALIAS KRISHNA GOVEAKAR
AND ANR                                                   ... PETITIONER
  Versus
CENTRAL BANK OF INDIA THR ITS AUTH
OFFICER/BRANCH MANAGER AND 5 ORS                          ... RESPONDENT


Mr Chaitanya Padgaonkar and Mr Shlok Rai, Advocates for the
Petitioner.


                      CORAM:- VALMIKI MENEZES &
                              AMIT S. JAMSANDEKAR, JJ.
                      DATED :- 16th September, 2026

P.C.
1.      Upon going through the Petition, it appears that the Petitioner
is seeking a declaration of his rights under Section 8-A of the
Mundkar Act. However, the said claim is admittedly pending
adjudication before the Mamlatdar of Pernem.
2.      It is the case of the Petitioner that an Order dated 11.8.2026
Appointing Receiver under Sections 25 to 29 of the Recovery of
Debts and Bankruptcy Act, 1993 was issued by the DRT, Mumbai,
pursuant to which, according to the Petitioner, he was dispossessed
from the house which he claims to be a mundkar house.
3.     The grievance raised by the Petitioner in the present Petition
squarely falls within the jurisdiction contemplated under Section
18 of the SARFAESI Act, which provides a remedy of appeal to

                                       Page 1 of 2
                                   16th September, 2026
                                                            902 WP 1251 2026


                       any person aggrieved by any order made by the DRT.
                       4.          In view of the fact that the Petitioner has an efficacious
                       alternative remedy of appeal under Section 18 of the SARFAESI
                       Act, we are not inclined to entertain the present Petition.
                       5.        The Writ Petition is, accordingly, dismissed.



                         AMIT S. JAMSANDEKAR, J.                         VALMIKI MENEZES, J.




Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
                                                                 Page 2 of 2
Date: 21/09/2026 16:57:36
                                                             16th September, 2026

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