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2025 Supreme(Online)(Ker) 53093

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SURESH K. – Appellant
Versus
CANARA BANK – Respondent
WP(C) NO. 18615 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.E.S.SANEEJ, SMT.S.LEKHA
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SMT.AKHILA NAMBIAR

The High Court cannot interfere in legitimate SARFAESI proceedings while upholding the petitioner's right to seek statutory remedy.

Headnote:This judgment addresses the challenge against proceedings initiated under Section 13(2) of the SARFAESI Act. The petitioner failed to comply with a prior interim order demanding a payment of Rs. 3 lakhs. The court reiterated the inability to interfere in legitimate SARFAESI proceedings under Article 226 of the Constitution, emphasizing the petitioner's right to seek remedy before the Debts Recovery Tribunal. The court ultimately dismisses the writ petition without prejudice.

Table of Content
1. failure to comply with the court's financial conditions. (Para 1)
2. court's inability to interfere in sarfaesi proceedings. (Para 2)

J U D G M E N T

Dated this the 25th day of November, 2025 Ext.P2 proceedings initiated in terms of Section 13(2) of the SARFAESI Act is under challenge in this Writ Petition. As a pre-condition to stay Ext.P2, this Court, by Order dated 26.09.2025, directed the petitioner to pay the balance amount of Rs.3 lakhs within a period of three weeks, as a last chance. The Order also made it clear that no further time will be granted. However, when the matter was taken up on 18.11.2025, it was recorded that the said interim order was not complied with. Today, when the matter is taken up for consideration also, the interim Order has not been complied with.

2. This Court takes stock of the settled legal position that, by invoking its powers under Article 226 of the Constitution of India, the High Court cannot interfere in the SARFAESI proceedings legitimately instituted by the Banks for recovery of the amounts due. In the circumstances, the instant Writ Petition (Civil) will stand dismissed, without prejudice to the petitioner's right to avail statutory remedy before the Debts Recovery Tribunal.

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