Bombay High Court

SAMADHAN JAYSINGH PAWARversusAXIS BANK AND ANR

Disposal: Disposed Off

Holding

The petition is dismissed for non prosecution as the petitioner failed to pursue the alternative remedy under the SARFAESI Act.

Summary

Samadhan Jaysing Pawar filed a writ petition challenging a possession notice issued by Axis Bank under the SARFAESI Act, 2002. The Court examined the validity of the notice and whether the petitioner had any other remedy under the Act. It observed that the notice had been taken to its logical end and that the petitioner could have invoked the alternative remedy provided by the SARFAESI Act, but did not do so. Accordingly, the Court found no basis to interfere with the bank’s action. The petition was dismissed for non prosecution, emphasizing that aggrieved parties must pursue the statutory remedies before approaching the court.

Issues considered

Whether the possession notice issued under the SARFAESI Act can be set aside by a writ petition
Whether the petitioner has any alternative remedy under the SARFAESI Act that must be exhausted before filing the petition

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Subjects

SARFAESI Act
possession notice
writ petition
non prosecution
banking security interest
alternative remedy

Judgment

                                                           17 wp-308-2026(c).doc


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

                       WRIT PETITION NO. 308 OF 2026

Samadhan Jaysing Pawar.                                    ...Petitioner.
        Versus
Axis Bank and Another.                                     ...Respondents.
                                  ——————
                                    Coram :     Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                    Date      : October 7, 2026.
P. C. :

1.         The petition has been filed challenging the possession notice

issued in the year 2025 under the provisions of Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002 [for short, “SARFAESI Act”]. It appears that said notice has

been taken to its logical end.         In any event, the Petitioner has an

alternate remedy under the provisions of SARFAESI Act. None appears

for the Petitioner.

2.         The petition stands dismissed for non prosecution.



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




Patil-SR                             1 of 1

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