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2025 Supreme(Online)(Ker) 53098

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


Advocates:
For the Appellants/Petitioners: SMT.SWETHA R., SHRI.HARIKRISHNAN P.B.
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.P2 notice issued by the Advocate Commissioner to take physical possession of petitioners' property in terms of the SARFAESI Act is under challenge in this Writ Petition. As a pre-condition to stay Ext.P2, this Court, by Order dated 07.11.2025, directed the petitioners to pay a sum of Rs.1 lakh - being less than one-fourth of the total amount due - within a period of ten days. Today, when the matter is taken up for consideration, the payment stipulated in

07.11.2025 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 petitioners' right to avail statutory remedy before the Debts Recovery Tribunal.

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