[2026:RJ-JD:6836]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2102/2026 Au Small Finance Bank Ltd, 5Th Floor, Shantivan Building, 11Th A Road, Sardarpura, Jodhpur.

----Petitioner Versus

1. Kuldeep Singh S/o Barisal Singh, R/o Village Pabusar Tehsil Rajgarh District Churu, Also At - Patta No. 166 Sankalp No. 3 Gram Post Pabusar Tehsil Ratangarh, District Churu.

2. Barisal Singh S/o Surjan Singh, R/o Near Kaniya School Dram Post Pabusar Village Pabusar Tehsil Rajgarh District Churu.

3. Distrcit Collector- Cum District Magistrate, Churu.

----Respondents For Petitioner(s) : Mr. Vijay Purohit Mr. Hanuman Singh Gour For Respondent(s) : --

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/02/2026 By way of filing the present civil writ petition, the petitioner has prayed for the following reliefs:-

“It is, therefore, most respectfully and humbly prayed that by an appropriate writ, order or direction: I. The present writ petition may kindly be allowed.

II. The order dated 08.10.2025 (Ann.3) passed by the respondent authority i.e. District Collector- cum-District Magistrate, Churu, rejecting the application filed by the petitioner/Bank under Section 14 of the SARFAESI Act, 2002 may kindly be quashed and set aside.

III. Further, the respondent No. 3 may be directed to allow the application filed by the petitioner/Bank under Section 14 of the SARFAESI Act, 2002 with a direction to provide appropriate police aid and all consequential reliefs in pursuance of various provisions of the SARFAESI Act, 2002, more particularly, Section 14 of the SARFAESI Act.

IV. Any other order of direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of the humble petitioner.”

2. Learned counsel for the petitioner submitted that the respondent No.1 and 2 availed a loan facility from the petitioner- Bank. However, the respondents failed to honour the repayment schedule and defaulted in payment of monthly installment as agreed.

3. Consequently, the account of the borrower was classified as a Non-performing Asset (NPA) in accordance with the regulatory norms. Thereafter, proceedings under the SARFAESI Act, 2002 were initiated and an application under Section 14 of the SARFAESI Act was filed seeking assistance for taking possession of the secured asset.

4. The respondent No.3 i.e. the District Collector cum District Magistrate, Churu vide order dated 08.10.2025 after hearing the submissions of the petitioner- Bank, dismissed the application filed under Section 14 of the SARFAESI Act while holding that certain requisites i.e. ID Cards of the authorized officer/ CERSAI certificate and the loan statements reflecting the outstanding dues had not been filed.

5. Learned counsel for the petitioner submitted that the order dated 08.10.2025 has been passed in total disregard to the provisions of SARFAESI Act and the law laid down by the Hon’ble Supreme Court in “Standard Chartered Bank vs. Noble Kumar & Ors.”: (2013) 9 SSC 620 relevant paragraphs thereof are reproduced here under:-

“24. An analysis of the nine sub-clauses of the proviso which deal with the information that is required to be furnished in the affidavit filed by the secured creditor indicates in substance that:

24.1. (i) there was a loan transaction under which a borrower is liable to repay the loan amount with interest, 24.2. (ii) there is a security interest created in a secured asset belonging to the borrower, 24.3. (iii) that the borrower committed default in the repayment, 24.4. (iv) that a notice contemplated under Section 13(2) was in fact issued, 24.5. (v) in spite of such a notice, the borrower did not make the repayment, 24.6. (vi) the objections of the borrower had in fact been considered and rejected, 24.7. (vii) the reasons for such rejection had been communicated to the borrower, etc.

25. The satisfaction of the Magistrate contemplated under the second proviso to Section 14(1) necessarily requires the M