AU SMALL FINANCE BANK LIMITED v. STATE OF RAJASTHAN
CW/4579/2026 · 2026-03-13
Anuroop Singhi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5664 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5664 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:10634] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4579/2026 Au Small Finance Bank Limited, (Erstwhile Au Financiers India Limited) Having Its Registered Office At 19-A, Dhuleshwar Garden, Ajmer Road, Jaipur Through Its Authorized Officer. ----Petitioner/Applicant Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Home, Secretariat, Jaipur.
2. The Principal Secretary, Department Of Finance, Secretariat, Jaipur
3. The Director General Of Police Rajasthan, Jaipur Police Head Quarter, Lal Kothi, Jaipur
4. The Superintendent Of Police, Dausa, Rajasthan. ----Respondents
5. Ganesh Tyres And Workers Repairing, Through Its Proprietor Mahesh Kumar Bairwa (Borrower) R/o Reta Skandia Road, District Dausa, Rajasthan, 303313.
6. Shiv Lal Bairwa S/o Dhanna Lal Bairwa (Co- Borrower), R/o Khair Ki Dhani Unbaragaon, Baswa, District Dausa, Rajasthan 303313.
7. Smt. Narayani Devi W/o Dhanna Lal Bairwa (Co- Borrower), R/o Khair Ki Dhani Unbaragaon, Baswa, District Dausa, Rajasthan 303313. ----Respondents/Borrowers For Petitioner(s) : Mr. Ravi Kumar Palsaniya For Respondent(s) : Ms. Devakriti Vashishtha for Mr. Bhuwnesh Sharma, AAG – respondents No.1 to 4 HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 13/03/2026
1.
Learned counsel for the petitioner, at the very outset, submits that the order dated 21.08.2025 passed by the respondents No.1 to 4, vide which the petitioner has been
[2026:RJ-JP:10634] (2 of 3) [CW-4579/2026] required to deposit an amount of Rs.3,55,295/- towards expenses/charges for granting police assistance for ensuring implementation of the order dated 06.08.2024 passed by the learned Chief Judicial Magistrate Dausa, District Dausa, in Civil Case No.1259/2024, is absolutely contrary to law and has been issued in sheer ignorance of the order passed by this Court in S.B. Civil Writ Petition No.14449/2025 dated 30.10.2025, titled as Tyger Home Finance Private Limited Vs. State of Rajasthan and Ors., wherein this Court has held that there is no provision under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 (hereinafter referred to as “the Act of 2002”) which authorizes the learned Magistrate to direct the secured creditor to deposit any expenses towards police assistance for taking possession of the secured asset.
2. Reliance has also been placed upon the order dated 19.04.2022 passed by this Court at Principal Seat, Jodhpur, in S.B. Civil Writ Petition No.2310/2022, titled as Valeed Ahmed and Anr. Vs. The Commissioner of Police and Ors., wherein also it was held that the police is bound to provide police aid for the purpose of execution of the decree of the Court and it cannot ask any person to deposit any amount for that purpose.
Learned counsel for the petitioner submits that the said
order was tested by the respondent(s) – State by filing D.B. Special Appeal Writ No.671/2022 at Principal Seat, Jodhpur, which was withdrawn on 11.07.2022.
3. Further, reliance has been placed upon the order dated 12.12.2023 passed by this Court at Principal Seat, Jodhpur, in
[2026:RJ-JP:10634] (3 of 3) [CW-4579/2026] S.B. Civil Writ Petition No.12404/2019, titled as Raghunath Singh Bhati Vs. Kailash and Ors., wherein also the order whereby the petitioner therein was required to deposit an amount for seeking police assistance was quashed and the Police Authorities were directed to provide sufficient police force for execution of the decree.
4. Taking note of the above undisputed facts and the repeated orders passed by this Court, the impugned demand of Rs.3,55,295/- raised by the respondents No.1 to 4 vide order dated 21.08.2025 is quashed and they are directed to provide all the required police assistance for ensuring the implementation of the order dated 06.08.2024 passed by the learned Chief Judicial Magistrate Dausa, District Dausa, in Civil Case No.1259/2024 titled as A.U. Small Finance Bank Ltd. Vs. Ganesh Tyre and Workers Repairing through Proprietor Mahesh Kumar Bairwa and Ors.
5. With the above directions, the writ petition is disposed of.
6. Pending application(s), if any, stand disposed of.
7. The respondents are directed to ensure execution of the same at the earliest, preferably within a period of two months from the date of service of the certified copy of this order.
(ANUROOP SINGHI),J VINAY MEENA /6