Vishal Dairy Petition Dismissed; SARFAESI Remedy Directed

Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur

Order Date: September 30, 2026

Case Overview

• Parties: Vishal Dairy Farming (proprietor) as petitioner; State Bank of India (authorized officer) and other respondents.
• Nature of Proceeding: Writ Petition No. 4870 of 2026 filed in the Civil Appellate Jurisdiction of the Bombay High Court (Kolhapur bench).
• Key Observations: The Court found the petition to be misconceived, noting that the petitioner possesses an alternative statutory remedy under the SARFAESI Act to approach the Debt Recovery Tribunal for relief.
• Directions: The petition was disposed of on the ground of alternative remedy; however, the Court expressly kept all rights and contentions of the petitioner open for agitating in appropriate proceedings before a suitable forum.

Final Outcome

• The writ petition is dismissed.
• The petitioner is directed to seek relief under the SARFAESI Act by approaching the Debt Recovery Tribunal.
• All other rights and contentions remain preserved for future appropriate legal action.

Topics: Banking Regulation, SARFAESI Act