Bombay High Court

PRAMOD LAXMAN WASTEversusRATANCHAND SHAH SAHKARI BANK LTD AND ORS

Disposal: Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Pramod Laxman Waste, filed a writ petition challenging an order dated 17 February 2024 issued under Section 14 of the SARFAESI Act, a possession notice dated 16 March 2024, and the subsequent auction proceedings. No counsel appeared on behalf of the petitioner, and the records indicated that the SARFAESI action was initiated in 2022 with no interim relief granted, leading to the completion of the auction. The Court observed that the petitioner had not prosecuted the petition and therefore could not seek relief. Consequently, the petition was dismissed for non‑prosecution. The judgment underscores that a writ petition under the SARFAESI Act must be actively pursued, and failure to do so results in dismissal.

Issues considered

Whether a writ petition challenging an order, possession notice, and auction under the SARFAESI Act is maintainable when the petitioner fails to prosecute the petition.

Legislation cited

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

Subjects

SARFAESI Act
auction
possession notice
non‑prosecution
writ petition
civil appellate jurisdiction

Judgment

2026:BHC-KOL:9308-DB

26-WP-18969-2024(C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 18969 OF 2024

Pramod Laxman Waste ...Petitioner
Versus
Ratanchand Shah Sahkari Bank Ltd. And Others ...Respondents
——————
None for the Petitioner.
Mr. K. S. Thorat, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 28, 2026.
P. C. :

1. By the present Petition, the challenge is to the order dated 17 th

February, 2024 issued under Section 14 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002 (“SARFAESI Act”) and the Possession notice dated 16th March,

2024 of the SARFAESI Act, and the auction proceedings pursuant

thereto.

2. None appears on behalf of the Petitioner. The impugned action

has been taken in the year 2022. It appears from the records that no

interim relief was granted and, as such, the auction must have been

taken to its logical end.

3. The Petition stands dismissed for non-prosecution.

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

Jamadar - SL 1 of 1

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