The appropriate remedy for loan recovery disputes lies with the Debts Recovery Tribunal under the SARFAESI Act.

JUDGMENT

(Dated this the 23rd day of January, 2026)

The petitioner and her son availed housing loan for an amount of Rs.18 lakhs from the 2^nd respondent bank. When default occurred in repayment, the respondent initiated recovery proceedings and physical possession of the secured asset was taken on 11.09.2025 pursuant to proceedings before the learned Chief Judicial Magistrate. Though the petitioner attempted to remit substantial amounts, including Rs.2,50,000/-, the same was not accepted. The petitioner is willing to clear the overdue amount in instalments and seeks permission to remit the arrears in 15 monthly instalments and for restoration of possession of the secured asset.

2. On 16.12.2025, this Court granted an interim order directing the petitioner to pay an amount of Rs.3,00,000/- within a period of one month. Today, when the case is taken for consideration, it is submitted that the said direction has not been complied with.

In such circumstances, the remedy available to the petitioner is to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act , in view of the decision of the Hon’ble Apex Court inSouth Indian Bank Ltd v. Naveen Mathew Philip [(2023) 17 SCC 311] .

The writ petition is dismissed accordingly.

Sd/-