Bombay High Court

GAURI DEVASHI GAWALIversusTHE STATE OF MAHARASHTRA THR. GOVERNMENT PLEADER AND ORS.

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Gauri Devashi Gawali, filed a writ petition challenging an order dated 29 April 2026 that was passed under Section 14 of the SARFAESI Act, 2002. No counsel appeared on behalf of the petitioner, and the respondent State of Maharashtra was represented by Advocate General Pr. V. G. Badgujar. The Court observed that the order had been taken to its logical conclusion and that the petitioner retained an alternative remedy under the SARFAESI Act. Consequently, the petition was dismissed on the ground of non-prosecution. The judgment underscores that a writ petition must be actively pursued and that alternative statutory remedies are available to the aggrieved party.

Issues considered

What is the appropriate remedy for a party aggrieved by an order passed under Section 14 of the SARFAESI Act?
Can a writ petition be entertained when the petitioner fails to appear or prosecute the petition?

Legislation cited

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

Subjects

SARFAESI Act
Section 14
writ petition
non-prosecution
dismissal

Judgment

2026:BHC-KOL:9777-DB

16-WP-2499-2026(C).doc

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

WRIT PETITION NO. 2499 OF 2026

Gauri Devashi Gawali ...Petitioner
Versus
The State of Maharashtra and Others ...Respondents
——————
None for the Petitioner.
Mr. V. G. Badgujar, AGP for the Respondent-State.
——————
CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
DATE : OCTOBER 08, 2026.
P. C. :

1. The present Petition challenges the order dated 29 th April, 2026,

passed under Section 14 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 appears that the order has been taken to its logical end. In any

event, the Petitioner has an alternate remedy under the SARFAESI Act.

4. Petition stands dismissed for non-prosecution.

[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]

Jamadar - SL 1 of 1

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