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2025 Supreme(Online)(Ker) 53097

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
JAISY SHABU – Appellant
Versus
MANAGER, CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.M.BALAGOVINDAN, SMT.MINI GANGADHARAN
For the Respondents: ADV.M.GOPIKRISHNAN NAMBIAR – STANDING COUNSEL

J U D G M E N T

Dated this the 25th day of November, 2025 Ext.P3 notice issued by the Advocate Commissioner to take physical possession of petitioner's property in terms of the SARFAESI Act is under challenge in this Writ Petition. As a pre-condition to stay Ext.P3, this Court, by Order dated 06.11.2025, directed the petitioner to pay a sum of Rs.2 lakhs, of which Rs.1 lakh has to be paid within a period of ten days. 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 the Debts Recovery Tribunal.

Sd/-

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