Au Small Finance Bank Ltd vs M/S Baba Ram Dev Cycle ...
2026 Latest Caselaw 5531 Raj

Citation : 2026 Latest Caselaw 5531 Raj
Judgement Date : 9 April, 2026

[Cites 0, Cited by 0]

Rajasthan High Court - Jodhpur

Au Small Finance Bank Ltd vs M/S Baba Ram Dev Cycle ... on 9 April, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:16599]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 2218/2026

Au Small Finance Bank Ltd., Through Its Authorized Office
Gaurav Bhati S/o Shri Purushottam, Aged About 36 Years,
Having Office At Plot No. 29, Shantivan 5Th Floor, 11Th A Road,
Sardarpura, Jodhpur Au Small Finance Bank Limited Office,
Jodhpur.
                                                                    ----Petitioner
                                    Versus
1.       M/s Baba Ram Dev Cycle, Through Smt. Ramkanya Legal
         Heir Of Its Proprietor Late Shri Madan Lal, Resident Of
         Reh Dahimatha Kareda, District Bhilwara.
2.       Smt. Ramkanya, Legal Heir Of Its Proprietor Late Shri
         Madan Lal Resident Of Reh Dahimatha Kareda, District
         Bhilwara.
3.       Mukesh S/o Late Shri Madan Lal, Legal Heir Of Late Shri
         Madan Lal And Late Shri Mathura Lal, Resident Of Reh
         Dahimatha Kareda, District Bhilwara.
4.       Shrawan Lal S/o Late Shri Madan Lal, Legal Heir Of Late
         Shri Madan Lal, Co-Borrower And Late Shri Mathura Lal,
         Co-Borrower, R/o Reh Dahimatha Kareda, District
         Bhilwara.
5.       Parmeshwar S/o Late Shri Madan Lal, Legal Heir Of Late
         Shri Madan Lal, Co-Borrower And Late Shri Mathura Lal,
         Co-Borrower, R/o Reh Dahimatha Kareda, District
         Bhilwara.
6.       Bablu S/o Late Shri Madan Lal, Through Its Natural
         Guardian Smt. Ramkanya, Legal Heir Of Late Shri Madan
         Lal, Co-Borrower And Late Shri Mathura Lal, Co-Borrower,
         R/o Reh Dahimatha Kareda, District Bhilwara.
7.       Oma S/o Late Shri Madan Lal, Through Natural Guardian
         Smt. Ramkanya, Legal Heir Of Late Shri Madan Lal, Co-
         Borrower And Late Shri Mathura Lal, Co-Borrower, R/o
         Reh Dahimatha Kareda, District Bhilwara.
8.       Superintendent Of Police, Bhilwara (Rajasthan).
9.       Station House Officer (S.h.o.), Police Station Kareda,
         District Bhilwara (Rajasthan).
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ishwar Singh.
For Respondent(s)         :     -



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

(Uploaded on 09/04/2026 at 05:30:26 PM)

[2026:RJ-JD:16599] (2 of 3) [CW-2218/2026]

09/04/2026

1. The present writ petition has been filed with the following

prayer :-

"a) The respondent no. 8 & 9 may kindly be directed to provide requisite assistance without any additional cost to restore the physical possession of the secured/mortgaged asset within period of two weeks.

b) The possession of the secured/mortgaged property, more particularly described in Annexure-2 be restored back to the petitioner-bank and directed to register appropriate criminal case/proceedings against private respondent in light of the facts and circumstances of the case, particularly in response to the complaint filed by the petitioner-bank, i.e., Annexure-

4 & 5."

2. Learned counsel for the petitioner submits that an identical

petition being S.B. Civil Writ Petition No.19359/2025 (Au

Small Finance Bank Ltd. Vs. Jai Ma Jogniya Motors and

Ors.) has been disposed of by a Co-ordinate Bench of this Court

vide order dated 08.10.2025, wherein it was observed as under :-

"5. Heard learned counsel for the petitioner. Perused the

material available on record.

6. Having considered the facts and circumstances of the

case, this Court deems it just and appropriate to dispose of

the present writ petition with a direction to the

Superintendent of Police, Chittorgarh and SHO, Bengu to act

immediately take appropriate action for restoring the

possession of the mortgaged property to the bank, in

accordance with law. This Court is compelled to observe that

if the petitioner is not allowed to take possession of the said

property, it will amount to clear case of defiance of law and,

therefore, the Superintendent of Police, Chittorgarh and

SHO, Bengu are under an obligation to act in consonance

(Uploaded on 09/04/2026 at 05:30:26 PM)

[2026:RJ-JD:16599] (3 of 3) [CW-2218/2026]

with the provisions of law for restoring the possession of the

petitioner in the circumstance since the petitioner has

already approached them.

7. It is expected from the Superintendent of Police,

Chittorgarh and SHO, Bengu that appropriate action for

restoring the possession of the mortgaged property in favour

of the petitioner Bank shall be taken by them within a period

of fifteen days from the date of receipt of certified copy of

this order. 8.With the aforesaid directions, the present writ

petition as well as stay application stand disposed of."

3. Learned counsel submitted that the present petition may also

be decided in the same terms as in the said writ petition.

4. In view of the submissions made above, the present writ

petition is disposed of in the same terms as Au Small Finance

Bank Ltd. (supra).

5. Stay petition also stands disposed of accordingly.

(KULDEEP MATHUR),J 67-Tikam/-

(Uploaded on 09/04/2026 at 05:30:26 PM)