Failure to comply with interim order leads to dismissal of writ petition while preserving statutory remedies.

JUDGMENT

(Dated this the 22^nd day of January, 2026)

This writ petition has filed by the petitioner seeking the following prayers:

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to grant fifteen monthly instalments to clear overdue amount in the loan facilities and to regularize the Loan Account.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondent to stay all further proceedings under the SARFAESI Act pursuant to Exhibit-P5 Notice, pending disposal of the above Writ Petition (Civil).

(iii) Dispense with the production of English translation of the documents in vernacular language.

(iv) Issue such other writs, orders or direction which this Hon'ble Court may deem fit and proper to issue in the facts and circumstances of the case.”

2. An interim order was passed by this Court on 04.11.2025, at the time of issuance of notice before admission, deferring the coercive steps, on condition that the petitioners shall remit an amount of Rs.75,000/- within a period of one month. It was made clear that if the payment is not remitted, the respondents would be at liberty to proceed further in accordance with law.

3. Today, the learned Standing Counsel for the respondent-Bank submits that the said amount has not been remitted. Since the petitioners have not complied with the interim order, relying on the decision of the Hon’ble Apex Court inSouth Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [ 2023 KHC 6435 ], this writ petition is dismissed, without prejudice to the petitioners’ right to avail the statutory remedy before the Debts Recovery Tribunal.