Disposed¶30

Capri Global Capital Ltd. v. Superintendent of Police

Rajasthan HC1 Nov 2025CW/14305/2025

Case brief

AI extract

What is this about?

SARFAESI Section 14 / Section 14(2) police assistance; non-implementation of District Collector & District Magistrate Jaipur order dated 12.05.2025; Capri Global Capital Ltd; possession of mortgaged property; police assistance charges Rs.76,037/- deposited 06.08.2025; Deputy Commissioner (Headquarter) and (East) Jaipur; four-week compliance direction; writ petition disposed; Rajasthan HC Jaipur, 01/11/2025, Ashutosh Kumar, J.

What did the court decide?

Direction to the Deputy Commissioner (Headquarter), Jaipur to comply with the order dated 12.05.2025 passed by the District Collector and District Magistrate, Jaipur expeditiously as early as possible, preferably within a period of four weeks from the date of receipt of the certified copy of this order; the stay application and any other pending applications also stand disposed of.

Capri Global Capital Ltd. Vs Superintendent of Police — Banking and Recovery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether this Court should intervene to secure implementation of the order dated 12.05.2025 passed by the District Collector and District Magistrate, Jaipur under Section 14(2) of the Act of 2002, authorising police assistance for taking possession of the mortgaged property, which had not been executed despite the petitioner's deposit of the requisite police assistance charges.

¶29

Court's answer

The Court found that the order under Section 14(2) of the Act of 2002 had already been passed by the District Collector and District Magistrate, Jaipur on 12.05.2025, whereby the Deputy Commissioner (Headquarter), Jaipur was directed to provide necessary assistance for its implementation subject to deposit of the requisite charges.

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Ratio / Principle

Although the requisite police assistance charges had already been deposited by the petitioner on 06.08.2025, police assistance had not been provided despite considerable time having passed.

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Key takeaways

In view of the above, the petition stood disposed of with a direction to the Deputy Commissioner (Headquarter), Jaipur to comply with the order dated 12.05.2025 passed by the District Collector and District Magistrate, Jaipur expeditiously, preferably within four weeks from the date of receipt of the certified copy of this order; the stay application and any other pending applications also stood disposed of.ratio¶30

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single Judge (Ashutosh Kumar, J.), order dated 01/11/2025 in S.B. Civil Writ Petition No. 14305/2025: Capri Global Capital Ltd sought implementation of the order dated 12.05.2025 passed by the District Collector and District Magistrate, Jaipur under Section 14(2) of SARFAESI Act, 2002, whereby the Deputy Commissioner (Headquarter), Jaipur was directed to provide police assistance for taking possession of the mortgaged property. The petitioner had deposited police assistance charges of Rs.76,037/- vide demand draft dated 06.08.2025, a fact acknowledged by the Deputy Commissioner (Headquarter), Jaipur in its letter dated 12.08.2025, yet despite representations the assistance was not provided. Finding that the charges were deposited but assistance not rendered despite considerable time, the Court disposed of the petition with a direction to the Deputy Commissioner (Headquarter), Jaipur to comply with the 12.05.2025 order expeditiously, preferably within four weeks of receipt of the certified copy of the order; the stay application and other pending applications also stood disposed of.

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[2025:RJ-JP:43808]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 14305/2025

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Capri Global Capital Ltd, Registered Office At 502 Tower A, Peninsula Business Park, Lower Parel, Mumbai, Maharashtra, 400013 Regional Office At Plot No. 13, Second Floor, Pratap Nagar, Khatipura, Vaishali Nagar, Jaipur- 302021 Through The Authorized Officer Shri. Ajay Singh

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----Petitioner

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Versus

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Superintendent Of Police, Jaipur, Rajasthan

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Station House Officer, Police Station- Airport, DistrictJaipur (East), Rajasthan

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District Collector, And District Magistrate, Jaipur.

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Sharvan Singh S/o Mr. Amar Singh, R/o 34, Keshav Vihar, Govindpura, Sanganer, M Corup Bhag, Jaipur, Rajasthan302029

¶11

Mintu Kanwar W/o Mr. Amar Singh, R/o 34, Keshav Vihar, Govindpura, Sanganer, M Corup Bhag, Jaipur, Rajasthan302029

¶12

Indra Singh S/o Mr Narayan Singh, R/o Plot No. 313, Siddharth Nagar, Jaipur, Rajasthan- 302017

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----Respondents

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For Petitioner(s)	: Mr. Saransh Ghiya,Adv.
For Respondent(s)	: Ms. Sunita Meena, AGC on behalf of
	Mr. Bhuwnesh Sharma,AAG

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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01/11/2025

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Learned counsel for the petitioner submits that the application filed by the petitioner under Section 14 of the SARFAESI Act, 2002 (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act), 2002

[2025:RJ-JP:43808]

[CW-14305/2025]

(2 of 3)

(hereinafter referred to as ‘the Act of 2002’) was allowed by the District Collector and District Magistrate, Jaipur vide order dated 12.05.2025 and the Deputy Commissioner (Headquarter), Jaipur was directed to provide Police assistance to the petitioner for taking the possession of mortgaged property.

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Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has deposited Police Assistance charges of Rs.76,037/- vide demand draft dated 06.08.2025. Learned counsel further submits that this factual aspect of the matter is admitted by the Deputy Commissioner (Headquarter), Jaipur in its letter dated 12.08.2025 and a direction has been issued to the Deputy Commissioner (East), Jaipur to provide necessary Police Assistance to the petitioner for getting the possession of the mortgaged property. Learned counsel contends that in spite of passing of considerable time till date the order dated 12.05.2025 passed by the District Collector and District Magistrate, Jaipur has not been implemented and executed by the Deputy Commissioner (Headquarter), Jaipur or Deputy Commissioner (East), Jaipur for the reasons best known to them. Learned counsel submits that several representations were submitted by the petitioner before the concerned authorities, however, all went in vain, hence under these circumstances, interference of this Court is warranted.

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Ms. Sunita Meena, AGC puts in appearance on behalf of Mr. Bhuwnesh Sharma, AAG as counsel for the respondent Nos.1 and 2.

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This Court finds that the order under Section 14(2) of the Act of 2002 has already been passed by the District Collector and

[2025:RJ-JP:43808]

[CW-14305/2025]

(3 of 3)

District Magistrate, Jaipur on 12.05.2025, whereby, Deputy Commissioner (Headquarter), Jaipur has been directed to provide necessary assistance for implementation of the aforesaid order subject to deposition of requisite charges. The requisite charges of police assistance has already been deposited by the petitioner on 06.08.2025 but in spite of passing considerable time, the Police Assistance has not been provided to the petitioner for getting possession of the mortgaged property.

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In view of above, the present petition stands disposed of with direction to the Deputy Commissioner (Headquarter), Jaipur to comply with the order dated 12.05.2025 passed by the District Collector and District Magistrate, Jaipur expeditiously as early as possible preferably within a period of four weeks from the date of receipt of certified copy of this order.

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Stay application and any other pending applications also stand disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /15

Capri Global Capital Ltd. v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

Capri Global Capital Ltd. v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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