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2026 Supreme(Online)(Ker) 3387

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
UMESH V.K. – Appellant
Versus
CANARA BANK MAVOOR ROAD BRANCH – Respondent
WP(C) NO. 3182 OF 2026



Advocates:
For the Appellants/Petitioners: N.K.SANATH KUMAR
For the Respondents: M.GOPIKRISHNAN NAMBIAR

The court instructed the issuance of a certified copy of a dismissed application, allowing time for appeal, demonstrating principles of fair opportunity and due process.

Headnote:The writ petition concerns the dismissal of S.A. No. 559/2025 by the Debts Recovery Tribunal without issuing a certified copy of the Final Order. The petitioner seeks time to file an appeal before D.R.A.T. The court directed the issuance of the certified copy within a week and granted additional time for filing the appeal. The notice under the SARFAESI Act is to be kept in abeyance until the stipulated time.

Result: 'This Writ Petition will stand disposed of as above.'

Table of Content
1. petitioner's request for certified orders. (Para 1)
2. court's direction to issue certified copy and allow appeal. (Para 2)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947 WP(C) NO. 3182 OF 2026 PETITIONER: UMESH V.K., AGED 47 YEARS S/O. ASHOKAN V.K., VADAKKEDATHKANDY HOUSE, EDAKKAD P.O., KOZHIKODE, PIN - 673005 BY ADV SHRI.N.K.SANATH KUMAR RESPONDENTS:

1 CANARA BANK MAVOOR ROAD BRANCH, 1ST FLOOR, KANNAMKANDY CHAMBERS, NEAR ARAYIDATHPALAM, MAVOOR ROAD, PUTHIYARA, KOZHIKODE REP. BY ITS AUTHORISED OFFICER, PIN - 673001

2 CANARA BANK ARM BRANCH, NEAR RUCHI BHAVAN, MAVOOR ROAD, KOZHIKODE REP.BY ITS BRANCH MANAGER., PIN – 673001 SRI.M.GOPIKRISHNAN NAMBIAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The Short prayer of the petitioner is that an S.A. preferred by the petitioner bearing No.559/2025 before the Debts Recovery Tribunal (D.R.T.) – I, Ernakulam has been dismissed, but a certified copy of the Final Order has not been issued. The petitioner seeks a breathing time to file an Appeal before the D.R.A.T. However, in the meantime, the bank is proceeding in terms of the SARFAESI Act , by issuing Ext.P2 notice.

2. Having heard the learned counsel for the petitioner and the learned Standing Counsel for the bank, this Court directs the D.R.T. – I, Ernakulam to issue certified copy of the Final Order in S.A.No.559/2025 within a week from today. The petitioner is also granted a further period of 10 days thereafter for filing the Appeal before the D.R.A.T. Ext.P2 proceedings shall be kept in abeyance until the expiry of the time afore stipulated. The petitioner will produce a copy of this judgment before the D.R.T. - I, Ernakulam forthwith.

This Writ Petition will stand disposed of as above.

Sd/-

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