JUDGMENT

(Dated this the 28^th day of January, 2026)

The petitioner is a borrower who had availed a cash credit facility from the respondent Bank for a sum of Rs.30 lakhs and a further sum of Rs.50 lakhs by mortgaging 10.25 Ares of land comprised in Sy. No.13/4 of Kattiparuthy Village, Tirur Taluk, Malappuram District. The petitioner is “

running a wholesale rice business in the name and style of Padassery ”

Trading Company .

2. Due to default in repayment of the loan, the respondent bank initiated proceedings under the SARFAESI Act, 2002 , and issued a notice under Section 13(2) of the Act and followed by a possession notice under Section 13(4). Challenging the said proceedings, the petitioner approached the Debts Recovery Tribunal (DRT) by filing S.A. No.126 of 2022, and the DRT by order dated 04.01.2024 dismissed the said S.A. Thereafter, the petitioner again approached the DRT by filing S.A. No.530 of 2024, which was also dismissed by order dated 30.01.2025. Subsequently, upon issuance of notice by the Advocate Commissioner for taking physical possession of the secured asset, the petitioner approached this Court by filing the present writ petition on 20.06.2025. This Court, by int