Bombay High Court

VILAS PRABHAKAR SANSAREversusTHE STATE OF MAHARASHTRA THRO. GOVT. PLEADER

Disposal: Disposed Off

Holding

A writ petition cannot be entertained where an alternate remedy under Section 14 of the SARFAESI Act is available.

Summary

Vilas Prabhakar Sansare filed a writ petition challenging an order dated 26 March 2025 passed under Section 14 of the SARFAESI Act. The Court examined whether a writ petition is maintainable when an alternate statutory remedy is available under the same provision. It held that the petitioner has an alternate remedy and therefore the writ jurisdiction is not attracted. Consequently, the petition was not entertained. The petition was dismissed.

Issues considered

Whether a writ petition can be entertained against an order passed under Section 14 of the SARFAESI Act when an alternate remedy is available

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 14

Subjects

SARFAESI Act
Section 14
writ jurisdiction
alternate remedy
High Court of Bombay

Judgment

13-WP-8403-2025.doc

Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by HARISH
HARISH VITHAL
VITHAL CHAUDHARI CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
2026.09.29
18:09:48 +0530 CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8403 OF 2025

Vilas Prabhakar Sansare ...Petitioner
Versus
The State Of Maharashtra Thro. Govt. Pleader
and Others ...Respondents

——————
Mr. Rakesh Bhatkar i/b Mr. Mohit Prabhakar Dalvi for the Petitioner.
Ms. Tejas J. Kapre AGP for the Respondent-State.
——————

Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 29, 2026.

P. C. :

1. By the present petition, the order dated 26th March, 2025 passed

under Section 14 of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 (for short

‘SARFAESI Act’) has been impugned.

2. It is settled that the petitioner has an alternate remedy against an

order passed under Section 14 of the SARFAESI Act, and the writ

Harish 1 of 2
13-WP-8403-2025.doc

jurisdiction cannot be invoked. We are not inclined to entertain the

present petition in view of the alternate remedy available.

3. The petition stands dismissed.

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

Harish 2 of 2

Continue reading with your account

Checking your session…