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2025 Supreme(Online)(Ker) 53096

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
A.P KESAVADEV – Appellant
Versus
THE CHIEF MANAGER, CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ABDUL RAOOF PALLIPATH, SHRI.E.MOHAMMED SHAFI, SRI.PRAJIT RATNAKARAN, SMT.GANGA A.SANKAR, SMT.KRISHNAPRIYA R., SMT.ANJU DONY
For the Respondents: ADV.M.GOPIKRISHNAN NAMBIAR

J U D G M E N T

Dated this the 25th day of November, 2025 Ext.P14 is a representation preferred by the petitioner seeking installment facility to wipe off the dues in the petitioner's loan account with the respondent bank. As a pre-condition to consider that prayer, this Court, by Order dated 13.10.2025, directed the petitioner to pay a sum of Rs.50 lakhs within a period of one month. The same was not complied with when the matter was considered on 20.11.2025. Accordingly, this Court granted time till 24.11.2025 to pay atleast one-half of the already directed amount of Rs.50 lakhs. Today, when the matter is taken up for consideration, learned counsel for the respondent would submit that, no amount, whatsoever, has been paid by the petitioner in compliance of that Order.

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

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