SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 53121

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SHYAMA K. – Appellant
Versus
CANARA BANK – Respondent
WP(C) NO. 38434 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.AJAI BABU, SHRI SANIN V.U.
For the Respondents: SRI.M.GOPIKRISHNAN NAMBIAR, SC

The court cannot exercise jurisdiction under Article 226 to interfere with lawful SARFAESI proceedings.

Headnote:This judgment addresses a writ petition under Article 226 concerning SARFAESI proceedings. The petitioner failed to comply with a court-directed payment. The court found it lacked jurisdiction to intervene in SARFAESI matters, leading to the dismissal of the petition. The core issue centered on the court's authority over such proceedings. The court held that it could not interfere under the Constitution.

JUDGMENT

On 31.10.2025, this Court directed the petitioner to pay a sum of Rs.1,50,000/-(Rupees one lakh fifty thousand only) within a period of ten days and granted stay of Ext.P1. However, when the matter was taken up on 11.11.2025, Rs.50,000/-(Rupees fifty thousand only) alone was paid and Rs.1,00,000/- remained to be paid. The learned counsel for the petitioner assured that the same would be paid within a period of ten days. Today, when the matter is taken up for consideration, there is no representation for the petitioner. The learned counsel for the respondent would submit that, apart from Rs.50,000/- no further amount is paid.

This Court pays stock of the settled legal position that this Court cannot interfere, exercising power under Article 226 of the Constitution of India, with the SARFAESI proceedings instituted as per law. In such circumstances, this Writ Petition will stand dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top