Bombay High Court

ANANDA DASHRATH PATIL AND ANR.versusKOGTA FINANCIAL (INDIA) LTD AND ANR.

Disposal: Disposed Off

Holding

The possession notice under Section 13(4) of the SARFAESI Act was validly executed and the petition was dismissed for non-prosecution.

Summary

The petitioners, Ananda Dashrath Patil and another, filed a writ petition challenging a possession notice dated 8 April 2026 issued under Section 13(4) of the SARFAESI Act. No counsel appeared on behalf of the petitioners. The Court observed that the possession notice had been taken to its logical end and that the petitioners possessed an alternate remedy under the SARFAESI Act. Consequently, the petition was dismissed for non-prosecution. The judgment underscores that challenges to possession notices must be pursued through the statutory remedies provided in the Act.

Issues considered

Whether the possession notice issued under Section 13(4) of the SARFAESI Act can be challenged by a writ petition in the High Court
Whether the petitioners have an alternative remedy under the SARFAESI Act that precludes the writ petition

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 13(4)

Subjects

SARFAESI Act
possession notice
non-prosecution
civil procedure
high court
writ petition

Judgment

2026:BHC-KOL:9615-DB

27-WP-4706-2026(C).doc

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

WRIT PETITION NO. 4706 OF 2026

Ananda Dashrath Patil And Another. ...Petitioners
Versus
Kogta Financial (India) Ltd And Another. ...Respondents

——————
None for the Petitioners.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : October 06, 2026.
P. C. :

1. The Petition challenges the possession notice dated 8th April,

2026, passed under Section 13(4) of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002 (“SARFAESI Act”).

2. None appears on behalf of the Petitioners.

3. It appears that the possession notice has been taken to its logical

end. In any event, the Petitioners have an alternate remedy under the

SARFAESI Act. The Petition stands dismissed for non-prosecution.

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

Jamadar - SL 1 of 1

Continue reading with your account

Checking your session…