Created by Fuzzy Cloud

Bombay High Court

ARVIND DILIP PATILversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Arvind Dilip Patil, filed a writ petition under Article 226 challenging a notice issued under Section 14 of the SARFAESI Act. The High Court observed that the proceedings under the Act had been taken to their logical conclusion and that there was no further relief sought by the petitioner. Consequently, the Court declined to exercise its extraordinary writ jurisdiction. The petition was dismissed on the ground of non‑prosecution. The judgment underscores that challenges to SARFAESI notices must be pursued within the statutory framework and not via writ jurisdiction.

Issues considered

  • Whether a writ petition under Article 226 can be entertained to challenge a notice issued under Section 14 of the SARFAESI Act

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • Article 226
  • writ petition
  • non prosecution
  • dismissal

Judgment

                                                                20 wp 1406-26.doc


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

                      WRIT PETITION NO. 1406 OF 2026

Arvind Dilip Patil.                                   ...Petitioner.
        Versus
The State of Maharashtra and Others.                  ...Respondents.
                            ——————
Mr. V. G. Badgujar, AGP for the Respondent-State.
                                  ——————
                                    Coram :     Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                    Date      : October 7, 2026.
P. C. :

1.         The present petition challenges the notice issued under Section

14 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 [for short, “SARFAESI Act”].

We are, therefore, not inclined to exercise our extra-ordinary writ

jurisdiction under Article 226 of the Constitution of India.

2.         Be that it may. It appears that the proceedings have been taken

to its logical end and, presumably for that reason, none appears on

behalf of the Petitioner.

3.         The petition stands dismissed for non prosecution.



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




Patil-SR                             1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.