Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 894 (RAJ)

KOTAK MAHINDRA BANK LTD. v. MRS. SITA W/O MR. RAKESH SHARMA

CW/3274/2026 · 2026-03-10

Anuroop Singhi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:10343] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3274/2026 Kotak Mahindra Bank Ltd., Having Its Registered Office At 27 Bkc, C-27, G Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051, Maharashtra, And Its Branch Office At Epicah, Second Floor, 68, 68/1, Najafgarh Road, Moti Nagar, New Delhi- 110015, Through Its Authorized Officer Mr. Deepak Sahani. ----Petitioner/Applicant/Secured Creditor Versus 1. Mrs. Sita W/o Mr. Rakesh Sharma, R/o House No. 1556, Jat Ke Kuein Ka Rasta, Second Crossing, Chandpole Bazaar, Jaipur, Rajasthan - 302001. Also At: Mrs. Sita W/o Mr. Rakesh Sharma R/o Madhu Collection, 1556, Jat Ke Kuein Ka Rasta, Second Crossing, Chandpole Bazaar, Jaipur, Rajasthan 302001. 2. Mr. Sagar Sharma S/o N/a, 1556, Jat Ke Kuein Ka Rasta, Second Crossing, Chandpole Bazaar, Jaipur, Rajasthan - 302001. ----Respondents/Borrowers/Co-Borrowers For Petitioner(s) : Ms. Harshita Sharma for Ms. Neha Sharma For Respondent(s) : HON'BLE MR. JUSTICE ANUROOP SINGHI Order 10/03/2026 1. The present writ petition has been filed with the following prayers:- “It is, therefore, prayed that your lordships may very graciously be pleased to accept and allow this writ petition and; (A) By an appropriate writ order or direction may kindly be given to Ld. Senior Civil Judge and Chief Judicial Magistrate Jaipur Metropolitan II to expeditiously decide the Application U/s 14 of the SARFAESI Act, 2002, bearing case no. 919/2025, titled as “Kotak Mahindra Bank Limited V/s Smt. Sita & Anr.”, pending before Ld. [2026:RJ-JP:10343] (2 of 2) [CW-3274/2026] Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan II within 30 days. (B) Any other order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may be granted in favor of the petitioner.” 2. Ms. Harshita Sharma, learned counsel for the petitioner submits that the said application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as ‘the Act of 2002’) was filed on 30.08.2025 before the Court of the learned Senior Civil Judge and Chief Judicial Magistrate, Jaipur Metropolitan II. 3. Learned counsel for the petitioner further submits that for one reason or another, the said application has remained pending for more than one year, whereas in terms of the provisions of Section 14(1) of the Act of 2002, an order on the said application is required to be passed within a period of 30 days from the date of filing of the application, which can be extended, but not beyond 60 days. 4. Taking note of the aforesaid submissions, this Court deems it appropriate to direct the concerned Court to decide the said application within a period of 30 days from today, positively, by passing a speaking and reasoned order strictly in accordance with law. 5. With the aforesaid direction, the writ petition stands disposed of. 6. Pending application(s), if any, stands disposed of. (ANUROOP SINGHI),J VINAY MEENA /37