Bombay High Court

SANDEEP SHANKAR JAGTAPversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed Off

Holding

The writ jurisdiction of this Court cannot be invoked to challenge actions taken under Section 14 of the SARFAESI Act; the remedy lies within the SARFAESI framework.

Summary

The petitioner filed a writ petition challenging an order dated 19 July 2024 passed by the Chief Judicial Magistrate under Section 14(1) of the SARFAESI Act. The High Court held that challenges to actions taken under Section 14 must be made 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 Ms. Tejas J. Kapre, AGP. The decision reaffirms the limited scope of writ jurisdiction in the context of SARFAESI proceedings.

Issues considered

Whether the writ jurisdiction of the High Court can be invoked to challenge an order passed under Section 14(1) of the SARFAESI Act
Whether the petitioner has a maintainable remedy under the SARFAESI Act for the impugned order

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 14(1)

Subjects

SARFAESI Act
Section 14
writ jurisdiction
non‑prosecution
High Court
remedy under SARFAESI

Judgment

2026:BHC-KOL:9306-DB

25-WP-17715-2024(C).doc

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

WRIT PETITION NO. 17715 OF 2024

Sandeep Shankar Jagtap ...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 28, 2026.

P. C. :

1. The present Petition challenges the order dated 19 th July, 2024

passed by the learned Chief Judicial Magistrate under Section 14(1) 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.

Jamadar - SL 1 of 2
25-WP-17715-2024(C).doc

4. It appears that, as the order was passed in the year 2024, 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 2 of 2

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