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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


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

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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