[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Shri Suresh Kumar Sharama vs A U Small Finance Bank Limited ... on 27 March, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:14215]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5685/2026
Shri Suresh Kumar Sharama S/o Shri Narayan Lal Sharma, aged
About 45 Years, Resident Of Village Tahuka, Gram Panchayat
Tahuka, Tehsil_Mandal, District_Bhilwara, Rajasthan.
----Petitioner
Versus
1. AU Small Finance Bank Limited, Through Its Authorized
Officer Ms. Vijendra Pal, Principal Office At 19_A,
Duhleshwar Gardan, Ajmer Road, Jaipur 302001,
Rajasthan, A U Small Finance Bank Limited Branch Office
Gayatri Ashram, Ajmer Road, Bhilwara, Rajasthan.
2. Smt. Prem Devi W/o Shri Suresh Kumar Sharama,
Resident Of Village_ Tahuka, Gram Panchayat Tahuka,
Tehsil_Mandal, District_Bhilwara, Rajasthan, Second
Address 205, Near School, Sangwa, District Bhilwara,
Rajasthan.
3. Shri Mukesh Kumar Sharma S/o Shri Ghasu Lal Sharma,
Resident Of Village Tahuka, Gram Panchayat Tahuka,
Tehsil_Mandal, Second District_Bhilwara, Rajasthan,
Address Magras, Tehsil_ Sahada, District_Bhilwara,
Rajasthan.
4. Shri Radhayshyam Sharma S/o Shri Ghasu Lal Sharma,
Resident Of Village Tahuka, Gram Panchayat Tahuka,
Tehsil_Mandal, District_Bhilwar, Rajasthan And/or 116
Magras, Bada Mandir Road_Tehsil_Sahada,
District_Bhilwara, Rajasthan.
5. Shri Sachin Sukhwal S/o Shri Ghisulal Sharma, Resident
Of Village_ Tahuka, Gram Panchayat Tahuka,
Tehsil_Mandal, District_Bhilwar, Rajasthan, And/or Second
Address Magras, Tehsil_Sahada, District Bhilwara,
Rajasthan.
6. Shri Guru Sewa Samiti, Sangwa, Address Sangwa, District
Bhilwara Rajasthan
----Respondents
S.B. Civil Writ Petition No. 5646/2026
Shri Suresh Kumar Sharama S/o Shri Narayan Lal Sharma,
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Aged About 45 Years, Resident Of Village Tahuka, Gram
Panchayat Tahuka, Tehsil Mandal, District Bhilwara, Rajasthan.
----Petitioner
Versus
1. AU Small Finance Bank Limited, Through Its Authorized
Officer Ms. Vijendra Pal, Principal Office At 19-A,
Duhleshwar Gardan, Ajmer Road, Jaipur 302001,
Rajasthan, Au Small Finance Bank Limited Branch Office
Gayatri Ashram, Ajmer Road, Bhilwara, Rajasthan.
2. Smt. Prem Devi W/o Shri Suresh Kumar Sharma,
Resident Of Village Tahuka, Gram Panchayat Tahuka,
Tehsil Mandal, District Bhilwara, Rajasthan. Second
Address 205, Near School, Sangwa, District Bhilwara,
Rajasthan.
3. Shri Mukesh Kumar Sharma S/o Shri Ghasu Lal Sharma,
Resident Of Village Tahuka, Gram Panchayat Tahuka,
Tehsil Mandal, District Bhilwara, Rajasthan. Second
Address Nagras, Tehsil Sahada, District Bhilwara
Rajasthan.
4. Shri Radhayshyam Sharma S/o Shri Ghasu Lal Sharma,
Resident Of Village Tahuka, Gram Panchayat Tahuka,
Tehsil Mandal, District Bhilwara, Rajasthan. And /or 116
Magras, Bada Mandir Road, Tehsil Sahada District
Bhilwara, Rajasthan.
5. Shri Sachin Sukhwal S/o Shri Ghisulal Sharma, Resident
Of Village Tahuka, Gram Panchayat Tahuka, Tehsil
Mandal, District Bhilwara, Rajasthan. And /or Second
Address Magras, Tehsil Sahada District Bhilwara,
Rajasthan.
6. Shri Ghisulal Sharma S/o Shri Chhogalal Sharma,
Resident Of Village Tahuka, Gram Panchayat Tahuka,
Tehsil Mandal, District Bhilwara, Rajasthan. And /or
Second Address 90, Magras, Bada Mandir Road, Tehsil
Sahada District Bhilwara, Rajasthan.
7. Smt. Sanju Devi W/o Shri Radhayshyam Sharma,
Resident Of Village Tahuka, Gram Panchayat Tahuka,
Tehsil Mandal, District Bhilwara, Rajasthan. And /or
Second Address Magras, , Tehsil Sahada District
Bhilwara, Rajasthan.
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8. Smt. Shanti Devi W/o Shri Ghisulal Sharma, Resident Of
Village Tahuka, Gram Panchayat Tahuka, Tehsil Mandal,
District Bhilwara, Rajasthan. And /or Second Address
Magras, Tehsil Sahada District Bhilwara, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ankit Somani
For Respondent(s) : Mr. Vijay Purohit
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
27/03/2026
1. This Court is conscious of the judgment passed by the
Hon'ble Supreme Court of India in the case of "PHR Invent
Educational Society vs. UCO Bank & Ors. (SLP No.
8867/2022)", wherein it was held that High Courts should
ordinarily not entertain petitions under Article 226 of the
Constitution of India in matters pertaining to the SARFAESI Act, as
an efficacious alternative remedy is available to the aggrieved
person.
2. However, keeping in view the submission of learned counsel
for the petitioner that the petitioner is bona fide interested in
clearing the outstanding dues in Loan Account Nos.
9001060817382131 and 9001060714036432, this Court deems it
just and proper to dispose of the present writ petitions with a
direction to the petitioner to deposit a sum of Rs. 10,00,000/- on
or before 31st March, 2026. The petitioner shall thereafter deposit
a further sum of Rs. 20,00,000/- on or before 30th April, 2026.
3. In the event the petitioner deposits the aforesaid sum of Rs.
20,00,000/- on or before 30th April, 2026, the respondents shall
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restructure the remaining outstanding amount in respect of Loan
Account Nos. 9001060817382131 and 9001060714036432 into
six equal installments, which shall be deposited by the petitioner
on or before the 20th day of each succeeding month.
4. In case the petitioner fails to comply with the aforesaid
directions/conditions, the respondents shall be at liberty to
proceed against him in accordance with the provisions of the
SARFAESI Act.
5. It is further clarified that upon the petitioner clearing the
entire outstanding loan amount, possession of the subject
property shall be handed over to him by the respondents
forthwith.
6. With the aforesaid directions, the present writ petitions as
well as the stay application stand disposed of.
(KULDEEP MATHUR),J
10& 1S divya/-
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