Kotak Mahindra Bank Ltd Through Kuldeep ... vs The State Of Madhya Pradesh
2026 Latest Caselaw 1596 MP

Madhya Pradesh High Court

Kotak Mahindra Bank Ltd Through Kuldeep ... vs The State Of Madhya Pradesh on 16 February, 2026

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2026:MPHC-IND:4690




                                                                    1                                     WP-2928-2026
                                IN     THE       HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                          BEFORE
                                         HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                             &
                                           HON'BLE SHRI JUSTICE ALOK AWASTHI
                                                   ON THE 16 th OF FEBRUARY, 2026
                                                    WRIT PETITION No. 2928 of 2026
                               KOTAK MAHINDRA BANK LTD THROUGH KULDEEP MATHUR
                                                    Versus
                                   THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                             None for the petitioner as the Advocates are abstaining from work due to the call made by
                          State Bar Council/Bar Association.

                                                                        ORDER

Per: Justice Vijay Kumar Shukla The instant petition is filed being aggrieved by the inaction on the part of the respondents by not taking any action on the complaint made by the petitioner.

2. The petitioner Kotak Mahindra Bank Limited is a secured creditor. An application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act') was filed before the Additional District Magistrate, Indore and the said

application was allowed. In pursuant to the said order, physical possession was handed over to the petitioner. Thereafter, the borrower had again taken possession by committing criminal trespass.

3. Learned counsel for the State argued that once the order passed under Section 14 of the SARFAESI Act has been executed and the possession was handed over to the petitioner, it was his duty to secure his property and after passing of the order under Section 14 of the SARFAESI Act, the authority

NEUTRAL CITATION NO. 2026:MPHC-IND:4690

2 WP-2928-2026 became functus officio .

4. The Division Bench of this Court in the case of AU Small Finance Bank Limited Vs. The State of Madhya Pradesh (Writ Petition No.5373/2025, decided on 14/02/2025) in which the Division Bench has held that considering the grievance of the petitioner that he is aggrieved by the inaction on the part of the respondent in not considering his complaint, the petition was disposed of and the directions were given to the respondent Authority.

5. After taking into consideration the relief claimed in the present petition, instant petition is also disposed of in terms of the order passed in the case of AU Small Finance Bank Limited (Supra) in light of the directions given by this Court in the case of M/s. Yes Bank Limited through its Authorized Representative Vs. The State of Madhya Pradesh and Others (Writ Petition No.37182/2024, decided on 29/11/2024), the District Magistrate, Indore (M.P.) along with respondent Nos.2 to 4 shall rise to the occasion and consider the prayer of the petitioner in right perspective and in promptitude manner in accordance with law on filing the copy of order passed today by the petitioner before them.

6. With the aforesaid direction, the Writ Petition stands disposed of . Certified copy, as per Rules.

                               (VIJAY KUMAR SHUKLA)                                   (ALOK AWASTHI)
                                       JUDGE                                              JUDGE
                          MK