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2026 Supreme(Online)(Ker) 6991

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
THE SOUTH INDIAN BANK LIMITED – Appellant
Versus
DEBTS RECOVERY TRIBUNAL II, ERNAKULAM – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHY, SMT.REENA THOMAS, SMT.NIGI GEORGE, SHRI.ANANTHU V.LAL, SMT.SHERIN VARGHESE, SHRI.BRAHMA R.K.
For the Respondents: SHRI.KIROSH RAJAN PONNAMBIL, SMT.VINITHA B., SHRI.JOSEPH P P

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 application and pass orders on same showing and reflecting due application of mind and issue a direction to the 5th Respondent to issue appropriate directions to the CJM within his

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