The petitioners must seek remedy through DRT for issues arising from bank's proceedings rather than through writ petition.

JUDGMENT

Dated this the 9^th day of January, 2026 The petitioner availed a loan of Rs.15,00,000/- from the

2^nd respondent Bank in the year 2017 by mortgaging the property belonging to the the 1^st petitioner comprising a bearing No.9 in First floor of Guruvayurappan Apartment, East Nada, Guruvayur vide Sale deed No.1628/2016 of SRO Kottappady dated 08.12.2016.

2. When there was default in the repayment, the account happened to be classified as NPA by the respondent bank and the bank initiated SARFAESI proceedings against the petitioners. The respondent bank issued notice under Section 13(4) of the SARFAESI Act and approached the CJM Court, Thrissur and the CJM appointed an Advocate Commissioner to take the possession of the petitioners’ mortgaged property. The Advocate Commissioner had taken over the possession on

21.10.2025.

3. The present writ petition is filed to allow the petitioner to pay the overdue amount in installments and regularize the loan. The learned counsel for the respondent vehemently opposes the same and submitted that on 07.11.2025, this Court directed the petitioner to remit an amount of Rs.2,00,000/- (Rupees two lakh only). Thereafter, an application was filed for extension of time, and the same was extended till 19.12.2025. Even today, the learned counsel for the petitioner submits that the amount is not remitted and prays for time. Therefore, no indulgence can be granted to this petitioner.

Having heard the learned counsel for the petitioner as well as the learned counsel for the respondent and taking note of the non-compliance of the interim direction as well as the decision of the Hon’ble Apex Court in South Indian Bank Ltd v. Naveen Mathew Philip [ (2023) 17 SCC 311 ], the remedy available to the petitioners is to approach the DRT against the proceedings initiated by the bank. Hence, I am not inclined to entertain this writ petition and it stands dismissed.

Sd/-