[2026:RJ-JP:3048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 909/2026 Axis Bank Limited, Having Its Registered Office At Trishul Third Floor, Opposite Samartheshwar Mandir, Near Law Garden, Ellisebridge, Ahmedabad-380006 And Brach Office At G - 9, Mahima Trinity Mall, 3F-24, Swej Farm, New Sanganer Road, Jaipur - 302019 Through Its Authorized Signatory Harshvardhan Singh S/o Shri Bhanwar Rajveer Singh, Aged About 34 Years. ----Petitioner Versus 1. Shri Mahavir S/o Cheta Ram Saini, R/o 19 Mohalla Maliyan Guwar Ganeshwar, Tehsil Neem Ka Thana, District Sikar-332705 Rajasthan. 2. Mr. Subhash Chand Saini S/o Shri Mahavir Prasad Saini, R/o Ward No. 7 Guwar Ganeshwar, Tehsil Neem Ka Thana, District Sikar-332705 Rajasthan. ----Respondents For Petitioner(s) : Mr. Naman Yadav Mr. Saurabh Yadav For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 22/01/2026 1. The present writ petition has been filed with the following prayer:- "That in lieu of the above stated facts and circumstances the humble petitioner prays that Your Lordships may be pleased to admit and allow the present petition, filed by the petitioner and direct and order the learned Chief Judicial Magistrate, Sikar by an appropriate writ and appropriate directions in order to expe- ditiously decide the application of the petitioner Bank pending under Section 14 of the SARFAESI Act, 2002 bearing CIS No.25/2024 titled as "Axis Bank Limited Versus Mahaveer and Anr." within reasonable time, preferably in two weeks. That Your Lordships may be pleased to pass any other order as they may deemed fit and proper, in favour of the petitioner in the interest of justice." 2. Learned counsel for the petitioners submits that in the year 2020, the respondent No.1 as Borrower along with respondent No.2 as Co-borrower had approached the petitioner-Bank and [2026:RJ-JP:3048] (2 of 3) [CW-909/2026] requested for availing finance facility. Based on their request, a loan facility to the tune of Rs.4,70,000/- was sanctioned vide sanction letter dated 22.05.2019 and subsequent thereto, a loan agreement was executed amidst the parties and the loan facility was secured by mortgaging property. He further submits that as per the agreement and due to persistent default in payment, the petitioner has proceeded SARFAESI proceedings against the respondents and in furtherance of the same, the petitioner-bank had approached the learned Chief Judicial Magistrate, Sikar by way of an application under Section 14 of the SARFAESI Act, 2002 on 23.07.2024 for handing over the peaceful possession of the secured property. Despite the said application, till date the said application has not been disposed of by the learned Chief Judicial Magistrate, Sikar, therefore, he prays that the direction for expeditious disposal of the said application may kindly be issued. 3. Heard and considered the submissions and perused the material on record. 4. From the record, it is evident that the petitioner has sanctioned loan facility to the respondents to the tune of Rs.4,70,000/- vide sanction letter dated 22.05.2019. Thereafter, the respondents committed default in repayment of the same and looking to the persistent default in payment by the respondents, the petitioner moved an application under Section 14 of the SARFAESI Act, 2002 on 23.07.2024 before the learned Chief Judicial Magistrate, Sikar for handing over the peaceful possession of the secured property. However, even after lapse of approximately one and half years, the learned Court below has not [2026:RJ-JP:3048] (3 of 3) [CW-909/2026] decided the said application due to which the secured creditors are unable to recover the money. 5. Considering the facts and circumstances of the case, the learned Chief Judicial Magistrate, Sikar is directed to decide the application filed under Section 14 of the SARFAESI Act, 2002 in the case bearing CIS No.25/2024 titled as "Axis Bank Limited vs. Mahavir & Anr." within a period of four (4) weeks from the date of filing of certified copy of this order. 6. With the aforesaid directions, the present writ petition is disposed of. 7. Other pending application(s), if any, also stand disposed of, accordingly. (MANEESH SHARMA),J DEEPA-166