Judgments under the SARFAESI Act can enforce repayment obligations while allowing relief measures for petitioners under certain circumstances.

JUDGMENT

(Dated this the 20^th day of November, 2025)

The petitioner availed a term loan from the 1^st respondent bank, by mortgaging the property in Re-Sy No.516/12/1 and a building situated therein in Block No.18 of Panmana Village, Karunagappally Taluk, Kollam District. There was default in repaying the loan amount. The 1^st respondent initiated proceedings under the SARFAESI Act , and issued notice under Section 13(2) demanding a sum of Rs.91,73,000/- (Ext.P1). Subsequently, the bank filed M.C. No.1570/2025 and an Advocate commissioner was appointed to take physical possession, who issued Ext.P3 notice dated 04.11.2025 informing that the physical possession will be taken on 21.11.2025.

2. The case of the petitioner is that he has been ill for the last several months and so, the petitioner could not obtain a certified copy of the documents and that he is having serious objections regarding the claim of the 1^st respondent. He submits that he is not able to remit the amount as demanded and seeks an order issuing direction to the 1^st respondent Bank not to initiate SARFAESI proceedings against the secured assets.

3. The learned counsel for the respondent Bank vehemently opposed the same and submits that the account turned NPA on 02.06.2025. The overdue as on today is Rs.13,82,983/-.

In the facts and circumstances of the case, relying on the judgment of the apex court in South Indian Bank Ltd v. Naveen Mathew Philip [(2023) 17 SCC 311] , this Court cannot entertain this writ petition against the challenge to Ext.P3 order issued by the Chief Judicial Magistrate. Therefore, this writ petition is disposed of directing the petitioner to remit an amount of Rs.3,00,000/- (Rs.three lakhs) on or before 15.12.2025 and granting liberty to the petitioner to approach the DRT till 20.12.2025. All coercive proceedings shall be kept in abeyance till then. The petitioner is also free to approach the respondent bank with the proposal for one-time settlement.