AU SMALL FIN. BANK LTD AUTHO. OFFICER DARSHAK KUMAR PANDYA vs KACHHIYA TUSHARKUMAR NANALAL — 338/2025

Case under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 14. Disposed: Uncontested--ALLOWED on 04th May 2026.

Case disposed

CRMA J - CRIMINAL MISC. APPLICATION

CNR: GJLV020031492025

Filing Number

338/2025

Filing Date

23-Dec-2025

Registration No

338/2025

Registration Date

23-Dec-2025

Court

TALUKA COURT, LUNAWADA

Judge

1-Principal Senior CIVIL Judge & Addl. CJM

Decision Date

04-May-2026

Nature of Disposal

Uncontested--ALLOWED

Last updated 19-Jun-2026

Acts & Sections

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 14

Petitioner(s)

  1. 1.AU SMALL FIN. BANK LTD AUTHO. OFFICER DARSHAK KUMAR PANDYA

    Adv. N M SONI

Respondent(s)

  1. 1.KACHHIYA TUSHARKUMAR NANALAL

  2. 2.KACHHIYA KOKILABEN NANALAL

  3. 3.KACHHIYA JAYKUMAR TUSHARBHAI

Case History

  1. Case disposedDisposed

  2. 04-May-2026

    JudegementView PDF

    Case Summary: Cr.M.A. No. 338/2025 Court Decision: The Additional Chief Judicial Magistrate, Mahisagar granted AU Small Finance Bank's application under Section 14 of the SARFAESI Act, 2002, allowing the bank to take possession of the mortgaged property. The court appointed a Court Commissioner to assist the bank in obtaining possession from the borrowers and directed the bank to deposit ₹15,000 as commissioner fees within 30 days. Key Reasoning: The court found that both prerequisites for granting relief were satisfied: the property fell within the court's territorial jurisdiction, and proper notice under Section 13(2) had been issued. Relying on precedent establishing that borrowers have no right to hearing at the Section 14 stage, the court determined it had only to perform an administrative function to assist the secured creditor upon verified claims. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 04-May-2026

    Disposed

    Principal Senior CIVIL Judge & Addl. CJM

  4. 02-May-2026

    Evidence Of Applicant

    Principal Senior CIVIL Judge & Addl. CJM

  5. 09-Apr-2026

    Evidence Of Applicant

    Principal Senior CIVIL Judge & Addl. CJM

  6. 17-Mar-2026

    Evidence Of Applicant

    Principal Senior CIVIL Judge & Addl. CJM

  7. 26-Feb-2026

    Evidence Of Applicant

    Principal Senior CIVIL Judge & Addl. CJM

  8. 10-Feb-2026

    Evidence Of Applicant

    Principal Senior CIVIL Judge & Addl. CJM

  9. 23-Jan-2026

    Evidence Of Applicant

    Principal Senior CIVIL Judge & Addl. CJM

  10. 09-Jan-2026

    First hearing

    Initial hearing scheduled

  11. 23-Dec-2025

    Case filed

    Registration No. 338/2025

casestatus.in Summary

Case Summary: Cr.M.A. No. 338/2025 Court Decision: The Additional Chief Judicial Magistrate, Mahisagar granted AU Small Finance Bank's application under Section 14 of the SARFAESI Act, 2002, allowing the bank to take possession of the mortgaged property. The court appointed a Court Commissioner to assist the bank in obtaining possession from the borrowers and directed the bank to deposit ₹15,000 as commissioner fees within 30 days. Key Reasoning: The court found that both prerequisites for granting relief were satisfied: the property fell within the court's territorial jurisdiction, and proper notice under Section 13(2) had been issued. Relying on precedent establishing that borrowers have no right to hearing at the Section 14 stage, the court determined it had only to perform an administrative function to assist the secured creditor upon verified claims. This case analysis is maintained by casestatus.in based on publicly available court records.

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