Compliance with court orders and appropriate recourse to debts recovery mechanisms under SARFAESI Act is essential.

JUDGMENT

(Dated this the 19th day of December, 2025)

The petitioner’s son availed a term loan for an amount of Rs.10 lakhs from the respondent-Bank. The loan was availed by mortgaging the petitioner’s property as secured assets. When default occurred in repayment, the bank initiated proceedings under SARFAESI Act and issued Ext.P1 sale notice. Aggrieved by this, the petitioner has approached this Court.

2. On 24.11.2025, this Court granted an interim order staying all further proceedings pursuant to Ext.P1, on condition that the petitioner remits an amount of Rs.5 lakhs within a period of one month. Today, when the case is taken for consideration, it is submitted that the said direction has not been complied with.

3. 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 inSouth Indian Bank Ltd v. Naveen Mathew Philip [(2023) 17 SCC 311] . The petitioner is also given liberty to approach the bank for One Time Settlement proposal.

The writ petition is dismissed accordingly.