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2026 Supreme(Online)(Ker) 2313
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
AJITHAKUMARI K. – Appellant
Versus
IDBI BANK LTD. – Respondent
WP(C) NO. 1693 OF 2026
For the Appellants/Petitioners: SRI.S.MOHAMMED AL RAFI, SMT.THAJUNA MARIA FRANCIS
For the Respondents: ADV. REMA R.
The court determined that co-ownership does not invalidate mortgage in SARFAESI proceedings, allowing recourse to the Debt Recovery Tribunal.
Headnote:The judgment discusses the challenge by the petitioner against SARFAESI proceedings initiated by the respondent bank based on an alleged invalid mortgage due to co-ownership issues. The court finds that the petitioner has an efficacious remedy through the Debt Recovery Tribunal. Thus, the petitioner is granted liberty to approach the D.R.T, with proceedings stayed until then.
Certainly. Based on the provided legal document, here are the key points:
- The court addressed a challenge to SARFAESI proceedings initiated by the respondent bank, which was based on the claim that the mortgage was invalid due to co-ownership issues (!) .
- The court emphasized that co-ownership does not invalidate a mortgage in SARFAESI proceedings, and therefore, the bank's recourse to the Debt Recovery Tribunal (D.R.T) is available (!) .
- The petitioner argued that the mortgage was invalid because the mortgagee was only a co-owner, and sought to prevent dispossession of a specific property (!) .
- The court observed that the petitioner has an effective remedy by approaching the D.R.T, independent of whether the petitioner was a mortgagor along with the co-owner (!) .
- The court granted the petitioner liberty to approach the D.R.T within ten days and stayed the proceedings under the order of the Chief Judicial Magistrate until then (!) .
- The judgment clarifies that the availability of alternative remedies, such as approaching the D.R.T, is an important consideration and should be pursued before challenging SARFAESI proceedings through writ petitions (!) .
Please let me know if you need any further analysis or assistance.
| Table of Content |
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| 1. challenge to sarfaesi proceedings based on co-ownership. (Para 1) |
| 2. the court emphasizes the availability of alternative remedies. (Para 2) |
JUDGMENT
The SARFAESI proceedings initiated by the respondent Bank has been challenged by the petitioner, on the premise that the 2nd respondent, who created the mortgage, was only a co-owner along with the petitioner, and hence, the mortgage is invalid. On the strength of such an illegal mortgage, no SARFASESI proceedings can be initiated, is the ground urged. Petitioner seeks a declaration that the 1st respondent has no authority to initiate SARFAESI proceedings against the subject three cents of property. The dispossession in respect of that extent is also sought to be prevented.
2. Having heard Sri.Mohammed Al Rafi.S - the learned counsel for the petitioner, and Smt.Rema R - learned Standing Counsel for the 1st respondent, this Court notice that the petitioner has an efficacious remedy by approaching the Debt Recovery Tribunal (for short, D.R.T) in respect of the above cause of action, dehors and independent of the fact that the petitioner is not a mortgagor along with the 2nd respondent. So long as the petitioner is a person aggrieved, necessary remedy can be enforced through the D.R.T. In the circumstances, the petitioner is granted liberty to approach the D.R.T, and ten day’s time is granted for the same. Until such time, steps pursuant to Ext.P3 Order of the learned Chief Judicial Magistrate, Thiruvananthapuram shall be kept in abeyance.
This Writ Petition is disposed of as above.
Sd/-
