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Bombay High Court

CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD. THR. THERE AUTH. OFFICERversusSTATE OF MAHARASHTRA AND ORS.

Disposal
Disposed Off

Holding

The petition is dismissed as it does not disclose any failure by the Chief Judicial Magistrate to act under Section 14 of the SARFAESI Act.

Summary

Cholamandalam Investment & Finance Co. Ltd. filed a writ petition seeking a direction to the Chief Judicial Magistrate at Ratnagiri to expeditiously decide a securitisation application filed under Section 14 of the SARFAESI Act. The petition also impleaded the Registrar of the Chief Judicial Magistrate Court and the High Court Administrative Committee as parties. The Court held that the petition was misconceived because the pleadings did not allege any failure by the magistrate to act within the parameters of Section 14. An adjournment of the application, by itself, does not justify a writ petition before the High Court. Consequently, the Court dismissed the petition without imposing costs.

Issues considered

  • Whether the failure of the Chief Judicial Magistrate to hear a Section 14 SARFAESI application within a stipulated time is a ground for a writ petition in the High Court
  • Whether the mere adjournment of the application justifies intervention by the High Court

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • securitisation
  • writ petition
  • High Court jurisdiction
  • procedural law

Judgment

                                                           503-WP-3984-2026.doc


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

                      WRIT PETITION NO. 3984 OF 2026

Cholamandalam Investment &
Finance Co. Ltd.                 ...Petitioner.
        Versus
State of Maharashtra and Others. ...Respondents.
                            ——————
Mr. Sanjay Anabhawane with Mr. Himanshu Pujari, for the Petitioner.
Mr. Siddheshwar B. Kalel, AGP, for the Respondents-State.

                                 ——————
                                   Coram :     Sharmila U. Deshmukh &
                                               Neeraj P. Dhote, JJ.
                                   Date      : August 18, 2026.
P. C. :

1.        In the present Petition, the Registrar of Chief Judicial Magistrate

Court at Ratnagiri and Registrar (Judicial-II), High Court Administrative

Committee have been arraigned as party to the petition and the

direction has been sought against the Chief Judicial Magistrate at

Ratnagiri to expeditiously decide the securitisation application iled

under Section 14 of the Securitisation And Reconstruction Of Financial

Assets And Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’)

2.        We are of the opinion that the petition is clearly misconceived.

The pleadings do not make out any case for alleging that there is failure

on the part of the Chief Judicial Magistrate to act within the parameters

of Section 14 of the SARFAESI Act. Only because the application has


Gaikwad RD                          1 of 2
                                                                              503-WP-3984-2026.doc


                        been adjourned before the Chief Judicial Magistrate, is not a ground to

                        ile a petition before this Court impleading the High Court

                        Administration Committee as well as the Registrar of Chief Judicial

                        Magistrate Court as party to the proceedings. We are not inclined to

                        entertain such kind of petition. Though we were inclined to impose

                        costs, we refrain from doing so.

                        3.      The Petition stands dismissed.



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


           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.08.19
           14:08:20
           +0530




                        Gaikwad RD                         2 of 2


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