[2026:RJ-JP:28588] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10529/2026 CNR: RJHC020526322026 | URN: CW / 23278U / 2026 UGRO Capital Limited, A Company Incorporated Under The Companies Act, 1956, Having Corporate Identification Number L67120Mh1993Plc070739, Registered Office At Equinox Business Park, Tower 3, 4Th Floor, Off Bkc, Lbs Road, Kurla (West), Mumbai- 400070, And Branch Office At Jaipur, Rajasthan, Acting Through Its Authorised Officer, Mr. Sujoy Roy. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Home Department, Government Secretariat, Jaipur Rajasthan. 2. Director General Of Police, Rajasthan, Police Headquarters, Jaipur, Rajasthan. 3. Superintendent Of Police, District Alwar Office At Alwar, Rajasthan. 4. Station House Officer, Police Station, District Kotputli Behror Rajasthan. 5. Adarsh Tagore Public School Samiti, A Society, Borrower, Having Address At Ats School, Bansur-Kotputli Road, Bansur, District Alwar-301402, Rajasthan, And Also At Residential Land In Khasra No. 303, Village Bhad Bhavsingh, Tehsil Bansur, District Alwar-301402, Rajasthan Through Its Authorised Person Ashok Kumar Rathi 6. Shri Ramniwash Rathi, Co-Applicant/guarantor, R/o Girudi, Tehsil Bansur, District Alwar-301402, Rajasthan, And Also At Residential Land In Khasra No. 303, Village Bhad Bhavsingh, Tehsil Bansur, District Alwar-301402, Rajasthan. 7. Shri Ashok Kumar Rathi, Co-Applicant/guarantor, R/o Girudi, Tehsil Bansur, District Alwar-301402, Rajasthan, And Also At Residential Land In Khasra No. 303, Village Bhad Bhavsingh, Tehsil Bansur, District Alwar-301402, Rajasthan. 8. Shri Kanhaiya Lal, Co-Applicant/guarantor, R/o Girudi, Tehsil Bansur, District Alwar-301402, Rajasthan, And Also At Residential Land In Khasra No. 303, Village Bhad Bhavsingh, Tehsil Bansur, District Alwar-301402, Rajasthan. 9. Smt. Venu Devi, Co-Applicant/guarantor, R/o Girudi, Tehsil Bansur, District Alwar-301402, Rajasthan, And Also At Residential Land In Khasra No. 303, Village Bhad Bhavsingh, Tehsil Bansur, District Alwar-301402, Rajasthan. ----Respondents [2026:RJ-JP:28588] (2 of 4) [CW-10529/2026] For Petitioner(s) : Mr. Prerit Goyal For Respondent(s) : Ms. Devakriti Vashishtha on behalf of Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ANAND SHARMA Order 24/07/2026 1. Ms. Devakriti Vashishtha, learned counsel, appeared for Mr. Bhuwnesh Sharma, learned Additional Advocate General and accepts notices on behalf of respondents No.1 to 4. 2. By way of filing the instant writ petition, the petitioner– Finance Company has raised a grievance that although, on an application under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act of 2002'), possession of the secured assets was ordered to be given by the concerned Magistrate to the petitioner being secured creditor, in compliance of such directions, the respondent police authorities are not extending required assistance for handing over possession of the secured assets to the petitioner. 3. The instant writ petition has been opposed by learned counsel for the respondents. 4. The identical issue came for consideration of this Court in a batch of writ petitions led by S.B. Civil Writ Petition No.10026/2026 (Jana Small Finance Bank Ltd. Vs. State of Rajasthan & Ors.) decided on 30.06.2026, in which following observations and directions have been given: [2026:RJ-JP:28588] (3 of 4) [CW-10529/2026] "14. The expression "for the purpose of securing compliance with the provisions of sub-section (1)" is apparently having wide amplitude and cannot be interpreted in a narrow manner. Once possession is handed over under the orders of concerned Magistrate under Section 14, it would essentially mean the right of secured creditor to continue such possession which is an integral part of proceedings under Section 14. Section 14(2) of the Act of 2002 would also make it clear that such provision confers enabling power upon the concerned Magistrate for ensuring compliance of any order passed by the Magistrate under Section 14. If possession delivered under the Magistrate's authority is subsequently disturbed by force or trespass, the Magistrate's power under Section 14(2) can reasonably be construed as extending to restoration of status quo ante, so that the original order is not frustrated. 15. This Court finds that after passing order under Section 14 for taking over possession of the secured asset and handing over the same to the secured creditor, concerned Magistrate does not become functus officio and the apprehension of the petitioner that after passing initial order under Section 14 of the Act of 2002, concerned Magistrate is rendered powerless, is totally misconceived and is misinterpretation of clear language of Section 14(2) of the Act of 2002. In view of the language of the aforesaid provision, it is clear that the concerned Magistrate is having power not only to take possession through police assistance of the secured asset, but power is also vested with him for passing subsequent orders for ensuring the compliance of earlier order passed by the Magistrate. Any other interpretation of the aforesaid provision is likely to frustrate the proceedings under Section 14 and to render the powers conferred to the concerned Magistrate as meaningless and ineffective. 16. Under these circumstances, this Court is of the opinion that ensuring compliance of the order earlier passed under Section 14 is also integral and indispensable part of powers conferred to the Magistrate under Section 14(2) of the Act of 2002, in case, the borrower or any other person violates the directions given by the concerned Magistrate under Section 14 and unauthorizedly re-enters in the premises of secured asset then the aggrieved secured creditor is well within its right to approach the concerned Magistrate by way of filing an application under Section 14(2) of the Act of 2002 with a prayer to secure compliance of earlier order passed by the Magistrate. Such application shall be examined in accordance with law by the concerned Magistrate and appropriate orders for securing compliance of the earlier order can be passed. Thus this Court, on the basis of foregoing discussion, comes to the conclusion [2026:RJ-JP:28588] (4 of 4) [CW-10529/2026] that the petitioners are having efficacious remedy under the provisions of Section 14(2) of the Act of 2002 before the concerned Magistrate. 17. In the instant cases, admittedly the petitioners have not approached the concerned Magistrate by way of filing any such application under Section 14 (2) of the Act of 2002. This Court finds that under such circumstances, the present writ petitions filed by the petitioners are totally premature and not maintainable. In view foregoing discussions, the writ petitions filed by the petitioner can not be entertained and are hereby dismissed. 18. However, mere dismissal of the present writ petitions shall not curtail rights of the petitioner financial institution to approach the concerned Magistrate by way of filing an application under Section 14(2) for securing compliance of earlier order passed by the Magistrate under Section 14. Any such proceedings shall be treated in continuation to the earlier proceedings under Section 14 of the Act of 2002. The concerned Magistrate, upon filing of such application, shall examine the contents of the application and shall pass appropriate orders strictly in accordance with law, for securing compliance of its earlier order passed by the concerned Magistrate for the purpose of taking possession of the secured asset and to hand over such possession to the secured creditor. In the event, any such application is filed, same shall be decided expeditiously by the concerned Magistrate." 5. Learned counsel appearing for both the parties are in agreement that the issue involved in this writ petition is squarely covered by order dated 30.06.2026 passed by this Court in Jana Small Finance Bank Ltd. (supra). 6. In view of above consensus arrived at between learned counsel for the parties, the instant writ petition is also disposed of in the same terms and with the same directions as given in the order dated 30.06.2026 passed in Jana Small Finance Bank Ltd. (supra). 7. Pending application, if any, also stand(s) disposed of. (ANAND SHARMA),J 30/DAKSH