Back
2026 Supreme(Online)(Ker) 7004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MARIYA DASI – Appellant
Versus
THE FEDERAL BANK LTD. – Respondent
WP(C) NO. 2847 OF 2026
For the Appellants/Petitioners: SRI.E.A.BIJUMON, SRI.SREEHARI V.
For the Respondents: SRI. P. PAULOCHAN ANTONY
The court granted a brief stay on recovery proceedings to allow the petitioner time to approach the appropriate tribunal.
Headnote:The judgment addresses the limited request of the petitioner for a direction to the respondent bank to keep recovery proceedings in abeyance under the relevant provisions of law. The petitioner sought time to challenge actions before the Debts Recovery Tribunal, citing logistical issues regarding court access and pending cases. The Court determined that a brief deferment of coercive proceedings was warranted until a specified date for the petitioner to pursue their claims appropriately. The Court further directed a stay on the coercive proceedings till 03.02.2026.
| Table of Content |
|---|
| 1. petitioner's request for deferment. (Para 1 , 2) |
JUDGMENT
(Dated this the 23rd day of January, 2026)
The limited request of the petitioner is for a direction to the respondent to keep the recovery proceedings in abeyance for a period of 30 days, so as to enable the petitioner to approach the Debts Recovery Tribunal challenging the measures taken against him under Section14, till certified copies are obtained from the Court of the Chief Judicial Magistrate. The petitioner also submitted that he received the certified copies of the documents only yesterday and seeks some breathing time to approach the Debts Recovery Tribunal to challenge the same in S.A. No.444/2025 which is still pending.
2. The respondent submits that O.A. No.600/2023 filed by the respondent bank for recovery of the amount is also pending before the Debts Recovery Tribunal. The petitioner has made a submission that the Debts Recovery Tribunal is not sitting from 27.01.2026 to 31.01.2026. Therefore, the only option available is to move the Debts Recovery Tribunal on 02.02.2026. Since the case is posted to 03.02.2026, the petitioner seeks all coercive proceedings be deferred till 03.02.2026 so as to enable the respondent bank to file a counter affidavit to the petition and to enable the petitioner to obtain appropriate orders on 03.02.2026.
Since the limited request is only for deferment for a short period, I deem it appropriate to dispose of this writ petition directing that all coercive proceedings shall be kept in abeyance till 03.02.2026.
Sd/-
