Bombay High Court
M/S. DEEP COIR AND COCO WORK THROUGH PROPRIETORversusDISTRICT MAGISTRATE SINDHUDURG COLLECTOR AND ORS
- Disposal
- Disposed Off
Holding
The petition is dismissed for non‑prosecution.
Summary
The petition challenged a June 10, 2024 order issued under Section 14 of the SARFAESI Act. The court observed that the petitioner had an alternate remedy under Section 17 of the same Act. No counsel appeared for the petitioner and no interim relief was sought. The proceedings had reached their logical end. Accordingly, the court dismissed the petition for non‑prosecution, emphasizing that a writ cannot be maintained when the petitioner fails to prosecute and possesses an alternative statutory remedy.
Issues considered
- Whether a writ petition impugning an order under Section 14 of the SARFAESI Act is maintainable when the petitioner has an alternate remedy under Section 17
- Whether dismissal for non‑prosecution is appropriate in the absence of representation and interim relief
Legislation cited
Subjects
- SARFAESI Act
- Section 14
- Section 17
- writ petition
- non‑prosecution
- dismissal
Judgment
2026:BHC-KOL:9310-DB
27-WP-19142-2024(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 19142 OF 2024
M/s. Deep Coir And Coco Work Through Proprietor ...Petitioner
Versus
District Magistrate Sindhudurg Collector And Others ...Respondents
——————
None for the Petitioner.
Mr. R. S. Powar, AGP for the Respondent – State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 28, 2026.
P. C. :
1. The Petition impugns the order dated 10 th June, 2024, passed
under Section 14 of the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI
Act”). The Petitioner has an alternate remedy under Section 17 of the
SARFAESI Act.
2. None appears on behalf of the Petitioner.
3. There is no interim order passed in the present case, and it
appears that the proceedings have been taken to its logical end. The
Petition stands dismissed for non-prosecution.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Jamadar - SL 1 of 1
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