[2026:RJ-JP:2660] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17679/2025 Kotak Mahindra Bank Limited, A Banking Company Within The Meaning Of Section 5(C) Of The Banking Regulation Act, 1949 (10 Of 1949) Having Its Registered Office At No. 27 BKC, G- Block, C-27, Bandra Kurla Complex, Mumbai-400051 And A Branch Office Amongst Other At 7th Floor, D-232/233, Hanuman Nagar, Amarpali Marg, Vaishali Nagar, Jaipur- 302021, Through Authorized Officer Mr. Akshay Khandelwal. ----Petitioner Versus 1. State Of Rajasthan, Through Department Of Home, C- Scheme, Ashok Nagar, Jaipur, Rajasthan 302005. 2. The Deputy Commissioner Of Police (West), Jaipur Rajasthan, Collectorate Circle, Kanti Nagar, Bani Park, Jaipur, Rajasthan 302016 3. M/s Shiv Dall Mills Industries, A Partnership Firm, Having Its Address At Plot No. E-365, Road No. 14, VKI Industrial Area, Jaipur- 302013 Through Its Partner Mr. Gajanand Sharma. ----Respondents For Petitioner(s) : Ms. Akansha Naval, Mr. Shivangshu Naval, through VC For Respondent(s) : Ms. Devakriti Vashistha, AAAG on behalf of Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE MANEESH SHARMA Order 21/01/2026 1. The present writ petition has been filed by the petitioner - Bank under Article 226 of the Constitution of India, with the following prayers: "It is therefore prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order of direction: I. To the respondent No.2 be directed to forthwith comply with the order dated 13.08.2024 passed by the ld. CMM (Annexure - P/5) and assist the Bank in taking the physical possession of Industrial Property i.e., property located at Non-agriculture immovable property being Industrial Property located at Plot No.E-365, Road No.14, admeasuring 2874 sq. meters along with [2026:RJ-JP:2660] (2 of 5) [CW-17679/2025] all present and future construction hereon, including but not limited to the present constructed area of 12744.57 sq.feet on ground floor, 3150 sq.feet on ground floor (shed) and 3300 sq.feet on first floor in the name of Borrower Firm; II. Quash and set aside the frivolous and unlawful communication dated 16.07.2025 (Annexure - P/14) issued by the police authorities to the petitioner Bank being illegal, arbitrary, de hors Act of 2002 and without any authority or sanction of law. III. Any other appropriate writ, order or direction which may be considered just and proper in the facts and circumstances of the case may also kindly be issued in favour of the petitioner." 2. Learned counsel for the petitioner submits that the learned Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan-II, passed an order dated 13.08.2024 allowing the application filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act, 2002") for taking possession of the secured assets/subject property. Vide the said order, the Commissioner of Police, Jaipur Metropolitan-II, was directed to provide police assistance for delivery of possession of the secured assets/subject property. However, the aforesaid order has not been complied with by the respondent, which indicates that the action of the respondent is clearly in defiance of the judicial order, as the Deputy Commissioner of Police is duty-bound to comply with the order dated 13.08.2024 passed by the learned Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan-II. 3. She further submits that, due to the respondent's willful disobedience of the order dated 13.08.2024, the Bank's right to [2026:RJ-JP:2660] (3 of 5) [CW-17679/2025] recover public money to the tune of Rs.9,08,93,136.63/- (as on the date of filing of the petition) is at stake. She submits that the action of the respondents in not providing police assistance to take possession of the subject property is contumacious to the order dated 13.08.2024. She further submits that the private respondent has not challenged the order dated 13.08.2024 and thus, the order has attained finality and there is no legal impediment in compliance thereof. Therefore, she prays that appropriate directions may kindly be issued to the respondents to implement the order dated 13.08.2024 forthwith and to take possession of the secured assets/subject property. In order to buttress her contentions, she relied upon the judgment passed by the Hon'ble Apex Court in the matter of Kotak Mahindra Bank Limited Vs. Girnar Corrugators Private Limited & Ors.1 and order passed by a Co-ordinate Bench of this Court in the matter of State Bank of India Vs. The District Magistrate, Alwar & Ors.2 4. Learned counsel for the respondents does not dispute the proposition that the order dated 13.08.2024 was passed by the learned Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan-II. However, learned counsel for the respondents submits that there was no intention to flout the order dated 13.08.2024. 1 (2023) 3 SCC 210 2 S.B. Civil Writ Petition No.16607/2025 [2026:RJ-JP:2660] (4 of 5) [CW-17679/2025] 5. Heard and considered the submissions made by learned counsel for the parties and perused the material available on record. 6. From a bare perusal of the record, it is evident that, on an application filed by the petitioner under Section 14 of the SARFAESI Act, 2002, the learned Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan-II, passed an order dated 13.08.2024 directing the respondents to facilitate the petitioner- Bank in recovering the public money/retaining possession of the secured assets. Although, despite the order dated 13.08.2024, the laxity on the part of the respondents in not providing police assistance and in failing to take possession of the secured assets/subject property is highly improper and per se contumacious. Such laxity is not only prejudicing the Bank's right to recover public money but is also highly egregious in teeth of the fact that the Bank has also deposited the necessary charges of Rs.67,762/- on 13.10.2024 in compliance with the order dated 01.10.2024. 7. Having considered the above facts and circumstances, particularly the order dated 13.08.2024 passed by the learned Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan-II, which the respondents are duty-bound to comply. Accordingly, the writ petition is hereby allowed and the respondents are directed to provide police assistance to the petitioner-bank in taking possession of the secured assets/ subject property while complying with the order dated 13.08.2024 passed [2026:RJ-JP:2660] (5 of 5) [CW-17679/2025] by learned learned Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan-II within 15 days from the date of receipt of certified copy of this order. 8. With the aforesaid observations and directions, the present writ petition stands disposed of. 9. The stay application as well as the other pending applications, if any, also stand disposed of. (MANEESH SHARMA),J Seema/13