Bombay High Court

JYOTIRAM NARSING KUMBHARversusTHE STATE OF MAHARASHTRA THR. G.P. AND ORS

Disposal: Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Jyotiram Narsing Kumbhar, filed a writ petition challenging an order dated 26 September 2024 that was passed under Section 14 of the SARFAESI Act. The petition argued that the order should be set aside, noting that the petitioner had an alternate remedy under Section 17 of the same Act. No counsel appeared on behalf of the petitioner, and no interim relief was sought. The Court observed that the proceedings had effectively reached their logical conclusion without any further action by the petitioner. Consequently, the Court dismissed the petition on the ground of non‑prosecution, emphasizing that the petitioner failed to pursue the remedy available under Section 17.

Issues considered

Whether the writ petition challenging the Section 14 order is maintainable in view of the petitioner's failure to prosecute the case
Whether the availability of an alternate remedy under Section 17 of the SARFAESI Act bars the petition

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 14, 17

Subjects

SARFAESI Act
Section 14
Section 17
writ petition
non‑prosecution
dismissal

Judgment

2026:BHC-KOL:9322-DB

32-WP-3235-2025(C).doc

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

WRIT PETITION NO. 3235 OF 2025

Jyotiram Narsing Kumbhar ...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 : September 28, 2026.
P. C. :

1. The Petition impugns the order dated 26 th September, 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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