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2026 Supreme(Online)(Ker) 7785

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MUHAMMED MUSTAFA – Appellant
Versus
THE URBAN CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 3861 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.ADITHYA VARMA S., SHRI.RAMEES P.K., SMT.ERFANA PARAMBADAN
For the Respondents: SMT.JAYASREE K.P., SHRI.JOHN JOSEPH

The court upheld that a petitioner aggrieved by bank actions should resort to the Debts Recovery Tribunal, dismissing direct appeal.

Headnote:In this writ petition, the petitioner sought a direction for allowing overdue amount remittance to regularize the loan under relevant provisions. The respondent bank, after auction proceedings leading to the sale certificate issuance, contended it could not entertain the petition. The Court held that the petitioner may approach the Debts Recovery Tribunal for grievances. The petition is thus dismissed.

Table of Content
1. petitioner seeks directions for loan regularization. (Para 1)
2. respondent states auction process completed. (Para 2)

JUDGMENT

(Dated this the 31st day of January, 2026)

This writ petition is filed for a direction to the respondent bank to allow the petitioner to remit the overdue amount and regularize the loan.

2. The learned counsel for the respondent, on instructions, submits that the property was brought for sale on 17.01.2026, and a bidder participated in the auction, and remitted the entire bid amount, and the sale certificate has already been issued on 22.01.2026. In such circumstances, this Court cannot entertain the present writ petition. If the petitioner is aggrieved by any of the actions taken, he may approach the Debts Recovery Tribunal to challenge the same in accordance with law.

The writ petition is dismissed as above.

Sd/-

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