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Bombay High Court

VISHAL DAIRY FARMING THR. ITS PROPRIETORversusTHE STATE BANK OF INDIA THR. ITS AUTHORIZED OFFICER AND ORS.

Disposal
Dismissed

Holding

The petition is misconceived and dismissed because the petitioner can seek relief under the SARFAESI Act before the Debt Recovery Tribunal.

Summary

The petitioner, Vishal Dairy Farming, filed a writ petition challenging actions of the State Bank of India. The Court observed that the petitioner has an alternative remedy under the SARFAESI Act to approach the Debt Recovery Tribunal. Consequently, the petition was deemed misconceived. The Court disposed of the petition, directing that all rights and contentions remain open for aggrieved parties to raise in the appropriate forum. No substantive merits of the dispute were examined.

Issues considered

  • Whether the writ petition is maintainable when an alternative remedy under the SARFAESI Act exists

Legislation cited

Subjects

  • SARFAESI Act
  • Debt Recovery Tribunal
  • Writ Petition
  • Alternative Remedy
  • Civil Appellate Jurisdiction
  • High Court

Judgment

2026:BHC-KOL:9418-DB

                                                                         905-WP-4870-2026.doc


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

                                     WRIT PETITION NO. 4870 OF 2026


               Vishal Dairy Farming Thr. Its Proprietor                   ...Petitioner
                         Versus
               The State Bank Of India Thr. Its Authorized Officer        ...Respondents
               And Ors.

                                                ——————
               Mr. Anand Patil, for the Petitioner.
               Mr. Subhashchandra Pawar (through VC) a/w Ms. Supriya Pawar, Mr. Ashish
               More, Mr. Rajvardhan Sarnaik, Mr. Siddhesh Mahajan, Mr. Neeraj Lavte, for the
               Respondent Nos 1 to 3.
                                                ——————
                                                  Coram :     SHARMILA U. DESHMUKH &
                                                              NEERAJ P. DHOTE, JJ.
                                                   Date     : SEPTEMBER 30, 2026
               P. C. :

               1.        The Petition is clearly misconceived, as the Petitioner has an

               alternative remedy under the SARFAESI Act to approach Debt Recovery

               Tribunal.

               2.        In view of the alternate remedy, the Petition stands disposed of.

               3.        All rights and contentions are expressly kept open to be agitated

               in appropriate proceedings before an appropriate forum.




                [NEERAJ P. DHOTE, J.]                       [SHARMILA U. DESHMUKH, J.]




               Arya Chavan                         1 of 1


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