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2026 Supreme(Online)(Ker) 5825

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JOSEPH N D., LEELA JOSEPH, JOHNY E A, SUSAN JOHN – Appellant
Versus
FEDERAL BANK LIMITED – Respondent
OP (DRT) NO. 26 OF 2026



Advocates:
For the Appellants/Petitioners: DR.K.P.PRADEEP, SHRI.T.T.BIJU, SMT.SMITHA GOPINATH, SMT.T.THASMI, SMT.M.J.ANOOPA
For the Respondents: SHRI.VARUGHESE CHERIAN, SRI.M.A.AUGUSTINE, SMT.S.S.JAYAKALA, SRI.A.R.NIMOD, SMT.ANLIT THERESE SHAJI, SMT.ARYA ANIL KUMAR, SMT.OORMILA K. UNNIKRISHNAN

The court affirms dismissal of petitions while preserving rights to further challenge before higher authorities.

Headnote:The court examined the petitions filed under the Debt Recovery Tribunal, directing the Tribunal to adjudicate the applications while suspending all coercive measures of the bank pending the order's outcome. The court found the requests for stay per the provisions of the Securitization Application relevant as no immediate relief could be granted in the original petition. Ultimately, the petitioner’s application was dismissed without prejudice to the petitioners' right to seek redress in appropriate forums.

Table of Content
1. litigants' requests for urgent hearings and stays. (Para 1 , 2)
2. court's review of procedural actions by the tribunal. (Para 3 , 4)

BASANT BALAJI, J.

-----------------------------------------------

O.P.(DRT) No.26 of 2026 -----------------------------------------------

Dated this the 27th day of January, 2026 JUDGMENT The prayers in the writ petition are as follows:

i. Call for the records in Ext P5 Securitization Application and P5(a) petition on the files of the Debt Recovery Tribunal-1, Ernakulam and direct the Tribunal to consider and pass orders in Exhibit P5(a) petition, at the earliest, in accordance with law.

ii. To direct the 1st, 2nd and 3rd respondents to keep in abeyance all coercive proceedings pursuant to Exhibit P3 notice pending disposal of Exhibit P5(a) petition and till the orders issued therein the said petition from the Debt Recovery Tribunal-1, Ernakulam.

2. Ext.P5(a) is an application filed in S.A.No.283 of 2025 as I.A.No.160 of 2026 for staying all proceedings pursuant to the sale notice.

3. The counsel for the respondents has made available the downloaded order from the website of the Debt Recovery Tribunal-1, Ernakulam, from which it can be seen that on

23.01.2026, the I.A. has been dismissed vide separate order.

4. The counsel for the petitioners submits that breathing time may be granted to approach the Debt Recovery Appellate Tribunal challenging the order after obtaining the certified copy. Since the prayers in the writ petition as mentioned above are only for disposal of the I.A., no relief can be granted in this original petition.

Therefore, the original petition stands dismissed without prejudice to the right of the petitioners to challenge the proceedings in appropriate forums.

Sd/-

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