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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