Authority: Bombay High Court, Kolhapur Bench
Order Date: 19 October 2026
Case Overview
- Petitioner: Bank of India; Respondents: M/s. Aditi Enterprises and others.
- The petition (Criminal Writ Petition No. 725 of 2026) sought a direction to the learned Chief Judicial Magistrate, Ratnagiri, to dispose of Criminal Miscellaneous Application No. 263 of 2025 filed under Section 14 of the SARFAESI Act.
- The SARFAESI application was filed on 22 December 2025. Four hearings were held on 13 June 2026, 20 June 2026, 4 July 2026 and 1 August 2026, but no adjudication was rendered.
- Respondents filed an adjournment request on 17 October 2026, which the court noted was improperly handled and resulted in a further adjournment to 20 November 2026, exceeding the statutory 30‑day period (extendable up to a total of 60 days).
Final Outcome
- The Court allowed the petition and directed the Additional Chief Judicial Magistrate, before whom the SARFAESI application is pending, to decide the matter on the adjourned date of 20 November 2026.
- The magistrate was further instructed to ensure that the order under Section 14 of the SARFAESI Act is passed on or before 20 November 2026.
- The petitioner may move an application before the magistrate seeking an earlier hearing, but the final order must be rendered no later than the specified date.
Topics: SARFAESI Act, Banking Regulation