Mahindra Finance Services Writ Dismissed, No Injunction

Authority: Calcutta High Court

Order Date: 30 September 2026

Case Overview

• Petitioner: Ujjal Ghosh filed WPA 28086 of 2026 against Mahindra and Mahindra Finance Services Limited (respondent No. 1) and others (respondent No. 2).
• The petition invoked Article 226 seeking an interim direction restraining the secured creditor from issuing a notice under SARFAESI Act Section 13(4) and from taking possession of the secured asset under Section 14.
• The creditor had earlier issued a Section 13(2) notice, followed by a Section 13(4) notice, and obtained a Section 14 order from the District Magistrate, North 24‑Parganas, Barasat while an application under Section 17 was pending before the DRT.
• The petitioner argued that the creditor was attempting to take possession despite the DRT’s pending interlocutory application; the creditor assured the court it would not take possession until the DRT judgment.

Final Outcome

• The bench, noting respondent No. 2’s undertaking not to take possession pending the DRT’s interlocutory judgment, declined to grant any interim injunction and disposed of the writ petition.
• The petitioner was directed to approach the DRT for any further relief.
• No order as to costs was made.
• Parties may obtain a certified copy of the order upon compliance with usual formalities.

Topics: Legal Dispute, SARFAESI Act Enforcement, Secured Lending