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Bombay High Court

SHARANAPPA PUNDALIK JEUREversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
Disposed Off

Holding

The writ jurisdiction of the High Court cannot be invoked to challenge an order under Section 14(1) of the SARFAESI Act; the remedy lies exclusively within the SARFAESI framework.

Summary

The petitioner, Sharanappa Pundalik Jeure, filed a writ petition challenging an order dated 27 January 2025 issued by the Chief Judicial Magistrate under Section 14(1) of the SARFAESI Act. The High Court held that the SARFAESI Act provides an exclusive remedy for actions taken under Section 14, and therefore the writ jurisdiction of the Court cannot be invoked. The Court observed that the order, being from 2025, should have been taken to its logical end, but the petitioner failed to pursue the matter. As a result, the petition was dismissed for non‑prosecution. The judgment reiterates that challenges to SARFAESI orders must be made under the provisions of the Act itself.

Issues considered

  • Whether the writ jurisdiction of the High Court is available to challenge an order passed under Section 14(1) of the SARFAESI Act
  • Whether the SARFAESI Act provides an exclusive remedy for disputes arising under Section 14

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • writ jurisdiction
  • non‑prosecution
  • High Court
  • remedy

Judgment

2026:BHC-KOL:9323-DB

                                                                       33-WP-8336-2025(C).doc


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

                                     WRIT PETITION NO. 8336 OF 2025


               Sharanappa Pundalik Jeure                                  ...Petitioner

                         Versus

               The State of Maharashtra And Others                        ...Respondents

                                              ——————
               None for the Petitioner.
               Mr. R. S. Powar, AGP for the Respondent – State.
                                              ——————

                                                  Coram :     Sharmila U. Deshmukh &
                                                              Neeraj P. Dhote, JJ.

                                                  Date      : September 28, 2026.

               P. C. :

               1.        The present Petition challenges the order dated 27 th January,

               2025 passed by the learned Chief Judicial Magistrate under Section

               14(1) of the Securitisation and Reconstruction of Financial Assets and

               Enforcement of Security Interest Act, 2002 (“SARFAESI Act”).

               2.        None appears on behalf of the Petitioner.

               3.        It is well settled that the remedy is available under the SARFAESI

               Act, for challenging any action taken under Section 14 of the said Act,

               and the writ jurisdiction of this Court cannot be invoked.




               Jamadar - SL                        1 of 2
                                                   33-WP-8336-2025(C).doc


4.      It appears that, as the order was passed in the year 2025, the

same must have been taken to its logical end. The Petition stands

dismissed for non-prosecution.




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




Jamadar - SL                     2 of 2


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