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Rajasthan High Court - Jodhpur
Au Small Finance Bank Ltd vs Smt. Manbhari Jat (2026:Rj-Jd:7367) on 10 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:7367]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2166/2026
Au Small Finance Bank Ltd., Through Its Authorized Officer
Gaurav Bhati S/o Shri Purushottam, Aged About 36 Years,
Having Office At Plot No. 29, Shantivan 5Th Floor A Road,
Sardarpura, Jodhpur Au Small Finance Bank Limited Office,
Jodhpur.
----Petitioner
Versus
1. Smt. Manbhari Jat W/o Late Shri Sonu Jat, R/o Dhangra
Ka Khera Lulans, Shahpura, District Bhilwara.
2. Suraj S/o Late Shri Sonu Jat, Through Natural Guardian
Smt. Manbhari Jat, Legal Heir Of Late Shri Sonu Jat
Borrower, R/o Dhangra Ka Khera Lulans, Shahpura,
District Bhilwara.
3. Superintendent Of Police, Bhilwara (Rajasthan).
4. Station House Officer (S.h.o.), Police Station Shahpura,
District Bhilwara (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Bharat Shrimali
Mr. Gajendra Joshi
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
10/02/2026
1. The present writ petition has been filed with the following
prayer :-
"It is therefore, most humble prayed that this writ petition
may kindly be allowed with cost and be an appropriate writ,
order or direction:-
a) The respondent no. 3 & 4 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/
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[2026:RJ-JD:7367] (2 of 3) [CW-2166/2026]
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.
c) That any other order or direction, which this Hon'ble Court
deems fit and proper in the facts and circumstances of the case,
may also be passed."
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
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 a s
well as stay application stand disposed of."
3. He further submits that the present petition may also be
decided in the same terms as in the said writ petition.
4. Learned counsel for the respondents does not oppose the above
submissions made by the learned counsel for the petitioner.
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[2026:RJ-JD:7367] (3 of 3) [CW-2166/2026]
5. 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).
6. Stay petition also stands disposed of accordingly.
(KULDEEP MATHUR),J
4-sonia/-
(Uploaded on 10/02/2026 at 06:30:12 PM)
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