[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Hdb Financial Services Ltd vs Shree Ganpati Marbel Handicraft ... on 12 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:8086]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3270/2026
HDB Financial Services Ltd., Having Office At E-145, 2Nd And
3Rd Floor, Ramesh Marg, Opposite Sardar Patel Marg, C-Scheme,
Jaipur, Rajasthan-302001 Through Its Authorized Officer Mr.
Navdeep Chawala.
----Petitioner
Versus
1. Shree Ganpati Marbel Handicraft, Through Proprietor
Saurabh Goyal Address- Badarda Nh-8, Badida,
Rajsamand, Kankroli (Raj.) 313324 And Plot No- 13,
Situated At Revenue Javad (Khasra No. 861, 862, 863)
Tehsil And Dist. Rajsamand Kakroli- 313324.
2. Smt. Rekha Goyal W/o Shri Trilokinath, Address- Sonika
Nagar, Kanhaiya Kunj, Near Alok School, Rajsamand
Kakroli- 313324 Rajasthan.
3. Priyanka Goyal W/o Saurabh Goyal, Address- Dhaoina
Sonika Nagar, Rajsamand Kakroli, 313324, Rajasthan.
4. Saurah Goyal S/o Shri Trilokinath Goyal, Address-
Kanhaiya Kunj, Sonika Nagar, R K Hospital Road, Near
Alok School, Rajsamand, Kakroli- 313324, Rajasthan.
5. Gaurav Gayal S/o Trilokinath Goyal, Address- Near Alok
School, Jawad Po Dhaoina Dist. Rajsamand Kakroli-
313324 Rajasthan.
6. Trilokinath Goyal S/o Kanhayialal Goyal, Address- Near
Alok School, R K Hospital Road, Kanhayia Kunj, Sonika
Nagar Dist. Rajsamand Kakroli-313324 Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vijay Purohit.
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/02/2026
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[2026:RJ-JD:8086] (2 of 3) [CW-3270/2026]
1. Learned counsel for the petitioner submits that issue
involved in this writ petition has been considered by a Coordinate
Bench 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 Article
226 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.
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
(Uploaded on 12/02/2026 at 05:46:32 PM)
[2026:RJ-JD:8086] (3 of 3) [CW-3270/2026]
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
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 that view of the matter, the present writ petition is
disposed of with a direction to learned Chief Judicial magistrate,
Rajsamand 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 30 days from the date of
receipt of certified copy of this order.
3. Stay petition and all pending applications, if any, also stand
disposed of.
(KULDEEP MATHUR),J
73-Tikam/-
(Uploaded on 12/02/2026 at 05:46:32 PM)
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