Disposed¶26

Jai Bhawani Enterprises v. Au Small Finance Bank Ltd.

Rajasthan HC15 Sept 2025CW/1256/2024

Case brief

AI extract

What is this about?

SARFAESI Act 2002 Sections 13 & 14; writ petition disposed; Securitization Application pending before DRT Jaipur; High Court declined intervention under Article 226 when matter sub judice before DRT; challenge to order dated 01.03.2023 and demand notices dated 14.09.2022; prayer for extension to regularise NPA loan account; petitioners Jai Bhawani Enterprises / Laxman Rathore; respondent Au Small Finance Bank Ltd.; coram Anoop Kumar Dhand, J.; decided 15/09/2025.

What did the court decide?

The petitioner can make the prayer (for extension to regularise the loan account) before the DRT where his Securitization Application is pending. ¶25

Jai Bhawani Enterprises Vs Au Small Finance Bank Ltd. — Banking and Recovery | Rajasthan HC (2025)

¶1

[2025:RJ-JP:37395]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No.1256/2024

¶4

Jai Bhawani Enterprises, Through Its Proprietor Laxman Rathore S/o Mohabbat Singh Rathore, Aged About 36 Years, R/o- Plot No. 111, Ward No. 09, Khatipura Road, Shilip Colony, Jhotwara, Jaipur- 302012

¶5

Laxman Rathore S/ Mohabbat Singh Rathore, Aged About 36 Years, R/o- Plot No. 111, Ward No. 09, Khatipura Road, Shilip Colony, Jhotwara, Jaipur- 302012

¶6

----Petitioners

¶7

Versus

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Au Small Finance Bank Ltd., (Former Name - Au Financer Limited) 19-A, Dhuleshwar Garden, Ajmer Road, Jaipur302001 Rajasthan

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Smt. Taruna Raj W/o Laxman Rathore, Aged About 34 Years, R/o Plot No. 111, Ward No. 09, Khatipura Road, Shilip Colony, Jhotwara, Jaipur-302012

¶10

----Respondents

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For Petitioner(s) : None present For Respondent(s) : Mr. Priyank Sanwariya for Mr. Ram Naresh Vijay

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JUSTICE ANOOP KUMAR DHAND Order

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15/09/2025

¶14

The instant writ petition has been preferred by the petitioner with the following prayer:-

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“It is therefore, most respectfully prayed that this Hon’ble Court may very graciously be pleased to accept and allow this writ petition and further be pleased to:

¶16

I) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed to quash and set aside all the proceedings taken under SARFAESI Act, 2002 and Rules made thereunder in relation to order dated 01.03.2023 (Annexure-1).

¶17

II) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be to quash and set aside all the proceedings taken under SARFAESI Act, 2002 and Rules made thereunder in relation to the purported demand notices dated 14.09.2022.

(2 of 2)

[2025:RJ-JP:37395]

[CW-1256/2024]

III) Respondent may kindly be directed the respondent to give four months extension to the petitioner to make compensatory amount to regularize loan account of the petition which is illegal, arbitrary and malafide made account NPA by the respondent.

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IV) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. V) Cost of the writ petition be also awarded in favour of the petitioner.”

¶23

By way of filing this writ petition, a challenge has been led to the proceedings initiated by the respondents against the petitioner under Sections 13 & 14 of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (for short “the Act of 2002”) and the petitioner is seeking directions to the respondents to grant him some extension to make compensatory amount to regularise his loan account.

¶24

It appears that the petitioner has already approached the Debt Recovery Tribunal, Jaipur (for short “DRT”) for redressal of his grievances and his Securitization Application is still lying pending for its adjudication on its merits.

¶25

In the considered opinion of this Court, the petitioner can make such prayer before the DRT where his Securitization Application is pending. When the matter is subjudiced before the DRT, this Court cannot intervene and pass additional directions in exercise of its inherent power contained under Article 226 of the Constitution of India.

¶26

With the aforesaid observation, the writ petition, stay application as well as all applications (pending, if any) stand disposed of.

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(ANOOP KUMAR DHAND),J

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Karan/13

Jai Bhawani Enterprises v. Au Small Finance Bank Ltd.

Case brief

What is this about?

What did the court decide?

Jai Bhawani Enterprises v. Au Small Finance Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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