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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
THE SOUTH INDIAN BANK LIMITED – Appellant
Versus
DEBTS RECOVERY TRIBUNAL II, ERNAKULAM – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief against orders under sarfaesi act. (Para 1 , 2 , 3) |
| 2. deferral of possession without proper consideration deemed improper. (Para 4 , 5) |
JUDGMENT
(Dated this the 27th day of January 2026)
The petitioner, a banking company, has filed this Writ Petition with the following reliefs:
a) Issue a writ of certiorari calling for the records leading to Ext-P8 order and quash Ext-P8 order passed by the DRT-II, Ernakulam.
b) Issue a writ of mandamus directing the DRT to consider the Ext-P5 interim application on merits without going into the merits of Ext-P3 order within a time limit prescribed by this Hon'ble Court;
c) If prayers (a) & (b) are not being allowed, pass an order directing the CJM, Thrissur to pass fresh orders on Ext-P2 Application filed by the Petitioner without including in same any handwritten insertions bestowing reflection of application of mind into the Ext-P2 application within a time limit prescribed by this Hon'ble Court.
d) Declare that the CJM Courts in Kerala while considering the application under Section 14 of the SARFAESI Act cannot resort to any printed format/templates prepared and is bound to independently consider each app
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