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Bombay High Court

Mehajabin Badshah NadafversusUnion Bank or India

Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Mehajabin Badshah Nadaf, filed a writ petition challenging a notice issued under the SARFAESI Act and the subsequent seizure and auction of her property by Union Bank of India. No counsel appeared on behalf of the petitioner. The petition, filed in 2025, was not pursued further by the petitioner, who expressed no interest in prosecuting the matter. Consequently, the High Court dismissed the petition for non‑prosecution. No substantive examination of the SARFAESI notice or the bank's actions was made. The dismissal was recorded by the bench of Justices Sharmila U. Deshmukh and Neeraj P. Dhote.

Legislation cited

Subjects

  • SARFAESI Act
  • notice challenge
  • property seizure
  • auction
  • non‑prosecution
  • writ petition

Judgment

2026:BHC-KOL:9321-DB

                                                                       31-WP-2932-2025(C).doc


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

                                     WRIT PETITION NO. 2932 OF 2025

               Mehajabin Badshah Nadaf                                    ...Petitioner
                         Versus
               Union Bank of India                                        ...Respondent
                                                ——————
               None for the Petitioner.
               Mr. V. G. Badgujar, 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 notice issued

               under the Securitisation and Reconstruction of Financial Assets and

               Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) and the

               subsequent action taken under the notice including the seizure of the

               property and auction.

               2.        None appears on behalf of the Petitioner.

               3.        The Petition is of the year 2025 and it appears that the

               proceedings have been taken to its logical end and as such the

               Petitioner is not interested in prosecuting the Petition. The Petition

               stands dismissed for non-prosecution.



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


               Jamadar - SL                        1 of 1


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