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2026 Supreme(Online)(Ker) 1100

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K. NARENDRAN, MR. MURALEE KRISHNA S., JJ
BOBBY ISSAC MATHEW – Appellant
Versus
THE SOUTH INDIAN BANK – Respondent


Advocates:
For the Appellants/Petitioners: SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.)
For the Respondents: SRI. MOHAN JACOB GEORGE

JUDGMENT

Muralee Krishna S., J.

The petitioners in W.P.(C)No.42944 of 2025 have filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the judgment dated 17.11.2025, passed by the learned Single Judge in that writ petition.

2. The appellants filed W.P.(C)No.42944 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs;

“i) Issue a writ of certiorari calling for the records leading to Exhibit P6 Order of the Hon’ble CJM Court, Kottayam passed without verifying whether a valid security interest has been created over the properties scheduled therein;

ii) Issue a writ of certiorari calling for the records leading Exhibit P3 demand notice and all consequential actions resulting therefrom are bad for contravention of the mandate of Section 26D of the SARFAESI Act and quash the same;

iii) Issue a writ declaring that recovery measures adopted under SARFAESI Act cannot be proceeded with when the secured creditor has failed to create a valid security interest in terms of Section 20 of the Act;

iv) Issue a writ declaring further that the classification of the loan account of the pet

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