[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Au Small Finance Bank Limited vs Shri Sandeep Kumar (2026:Rj-Jd:7950) on 12 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:7950]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3035/2026
Au Small Finance Bank Limited, (Former Known As Au Financers
India Ltd.) Branch Office 19-A Dhuleshwar Gardan, Ajmer Road,
Jaipur, Through Its Authorized Officer Gaurav Bhati S/o Shri
Purushottam, Aged About 36 Years, Au Small Finance Bank
Limited Office, Jodhpur.
----Petitioner
Versus
1. Shri Sandeep Kumar S/o Shri Krishan Lal, Resident Of
Ward No.7, 15 Ndr-B, Tehsil And District Hanumangarh.
2. Smt. Darshana Devi W/o Shri Krishan Lal, Resident Ward
No.7, 15 Ndr-B, Tehsil And District Hanumangarh.
3. District Magistrate, Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/02/2026
1. Learned counsel for the petitioner submits that issue
involved in the present writ petition has been considered by a Co-
ordinate Bench of this Court in the matter of ICICI Bank Ltd. Vs.
M/s. National Steel Corporation & Ors. (S.B. Civil Writ Petition
No.4529/2019), wherein following order was passed on
26.03.2019:-
"1. Petitioner has preferred this writ petition under
Articlev226 of the Constitution of India claiming the following
reliefs:-
"a) by an appropriate writ, order or direction, this
petition for writ in the nature of mandamus filed by
the petitioner Bank may kindly be allowed.
(Uploaded on 13/02/2026 at 10:22:25 AM)
[2026:RJ-JD:7950] (2 of 3) [CW-3035/2026]
b) by an appropriate writ, order or direction, the
respondent No.5 District Collector - cum - District
Magistrate, Bikaner may kindly be directed to adhere
to the provisions of Section 14 provided by the
Amendment Act 2016 and pass an appropriate order
under Section 14 of the SARFAESI Act, 2002 in
relation to the misc. case (Section 14 of SARFAESI
Act) No.139/2018 titled as "ICICI Bank Limited Vs.
M/s. National Stell Corporation & Ors." with
immediate effect."
2. Learned counsel for the petitioner makes a limited
submission that the petitioner-Bank moved an application
under Section 14 of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act
(SARFAESI), 2002 before the respondent No.5 District
Collector, Bikaner on 23.10.2018, and while giving out the
details of immovable property mortgaged by the
respondents- borrowers with the petitioner-Bank, the
petitioner- Bank requested that possession of the said
mortgaged property may be taken from the respondents
borrowers and be handed over to the petitioner-Bank or its'
duly authorized representative.
3. Learned counsel for the petitioner submits that in
accordance with the mandate of Section 14 of SARFAESI Act,
2002, the Chief Metropolitan Magistrate or District Magistrate
is required to assist secured creditor in taking the possession
of the secured asset. However, as a specific mandate
incorporated in Section 14 of the Act of 2002 by way of
amendment, which came into force w.e.f. 01.09.2016, the
authority is required to pass necessary orders within a period
of 30 days, and if some reasonable cause of delay arises,
then at most within 60 days.
4. Section 14 of the SARFAESI Act, 2002, as amended, and
came into effect on 1st September,2016 reads as follows :-
"12. In the principal Act, in section 14, in sub-section
(1), --
(i) in the second proviso, after the words "secured
assets", the words "within a period of thirty days
from the date of application" shall be inserted;
(ii) after the second proviso, the following proviso
shall be inserted, namely:--"Provided further that if
no order is passed by the Chief Metropolitan
Magistrate or District Magistrate within the said
(Uploaded on 13/02/2026 at 10:22:25 AM)
[2026:RJ-JD:7950] (3 of 3) [CW-3035/2026]
period of thirty days for reasons beyond his control,
he may, after recording reasons in writing for the
same, pass the order within such further period but
not exceeding in aggregate sixty days."
5. In light of the aforesaid submission, the present writ
petition is disposed of with a direction to the respondent
No.5 to pass the necessary orders on the application of
the petitioner under Section 14 of the SARFAESI Act,
2002 within a period of 30 days from today strictly in
accordance with law. Stay petition No.4409/2019 also
stands disposed of accordingly."
2. In view of the aforesaid, the present writ petition is disposed
of with a direction to learned District Magistrate, Hanumangarh,
Rajasthan to pass necessary orders on the application of the
petitioner under Section 14 of the SARFAESI Act, 2002, strictly in
accordance with law, within a period of 60 days from the date of
receipt of certified copy of this order.
3. Stay application also stands disposed of, accordingly.
(KULDEEP MATHUR),J
9-divya/-
(Uploaded on 13/02/2026 at 10:22:25 AM)
Powered by TCPDF (www.tcpdf.org)
