Case Note & Summary
The judgment concerned a batch of writ petitions filed before the High Court of Judicature for Rajasthan, Bench at Jaipur, by financial institutions, primarily Jana Small Finance Bank Limited and Motilal Oswal Home Finance Limited, against the State of Rajasthan and private borrowers. The petitions sought enforcement of orders passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), specifically for police assistance to take physical possession of secured assets. The court noted that all petitions involved almost identical facts, grievances and causes of action, and with the consent of counsel, they were heard together and decided by a common order. In the lead petition, S.B. Civil Writ Petition No.10026/2026, the petitioner financial institution was duly registered under SARFAESI Act. Private respondents had availed financial assistance by mortgaging the secured asset but failed to repay the loan according to the schedule. The petitioner invoked Section 13 of the Act, and after recall of the loan amount, proceeded under Section 13(4) to enforce the security interest. Subsequently, the petitioner filed an application under Section 14 of SARFAESI Act before the District Magistrate, Deeg, seeking assistance in taking possession of the secured asset. The District Magistrate allowed the application by order dated 16.09.2025, holding the petitioner entitled to take physical possession and directing police assistance for that purpose. Thereafter, with the aid of police authorities, physical possession was being pursued. The legal issue centered on the secured creditor's entitlement to police assistance for taking possession pursuant to the District Magistrate's order under Section 14. The court took note of the uncontroverted facts and the statutory framework under SARFAESI Act. However, the available excerpt of the judgment does not include the detailed submissions of the parties or the final operative directions. The court's reasoning is limited to reciting the factual matrix and procedural history, confirming that the matter proceeded under the SARFAESI Act and that the District Magistrate's order recognized the petitioner's right to possession with police assistance. The final holding and any directions issued are not ascertainable from the provided text, but the common order disposed of the connected writ petitions together.
Headnote
A) Securitisation and Enforcement of Security Interest - Enforcement of Security Interest - Sections 13, 13(4), 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) - Secured creditor entitled to police assistance for taking possession after District Magistrate's order under Section 14 - The petitioner financial institution, registered under SARFAESI Act, advanced loans secured by mortgage; borrowers defaulted, prompting invocation of Section 13 and proceedings under Section 13(4); the District Magistrate allowed the application under Section 14 on 16.09.2025, entitling the petitioner to physical possession and directing police assistance; the writ petitions were filed seeking enforcement of that order - Held that the factual matrix establishes the petitioner's right to proceed under SARFAESI Act, and the District Magistrate's order provides the basis for police aid (Paras 3-5).
Issue of Consideration
Whether the petitioner financial institutions are entitled to police assistance for taking physical possession of secured assets in terms of orders passed under Section 14 of SARFAESI Act, 2002.
Final Decision
The court decided all connected writ petitions by a common order, as they involved almost identical facts, grievances and causes of action; the lead petition facts were taken into consideration; the specific operative directions are not available in the incomplete text provided.
Law Points
- Secured creditor entitled to enforce security interest under SARFAESI Act
- Section 13(4) enables taking possession
- Section 14 empowers District Magistrate to assist secured creditor
- District Magistrate's order entitles creditor to police aid for possession
