Court confirmed that non-compliance with interim orders leads to dismissal, directing remedy through Debts Recovery Tribunal under SARFAESI Act.

JUDGMENT

(Dated this the 8^th day of December, 2025)

The petitioner has availed a mortgage loan of Rs.2,40,000/- in the year

2018 for a period of 10 years from the 3^rd respondent bank. Upon default in repayment, the respondents initiated proceedings under the SARFAESI Act, 2002 , issuing a demand notice under Section 13(2) on 20.12.2022, followed by a possession notice dated 12.08.2025 under Section 13(4) of the Act. Aggrieved by these notices, the petitioner approached this Court.

2. On 06.11.2025, this Court granted an interim order deferring all the coercive steps against the petitioner, on condition that the petitioner remits an amount of Rs.50,000/- within one month. Today, when the case is taken for consideration, it is submitted that the said direction has not been complied with.

In such circumstances, the remedy available to the petitioner is to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, in view of the decision of the Hon’ble Apex Court in South Indian Bank Ltd v.

Naveen Mathew Philip [ (2023) 17 SCC 311 ].

The writ petition is dismissed accordingly.