A borrower can seek intervention from the court to challenge recovery measures if timely action is taken to engage with appropriate adjudicatory forums.

JUDGMENT

(Dated this the 9thday of February, 2026The Petitioner had availed a loan of ₹32,00,000/- (Rupees Thirty-Two Lakhs only) from the Respondent Bank. As security for the said loan, 10.69 ares of land comprised in Survey No. 143/2-3 of Enadimangalam Village, Adoor Taluk, Pathanamthitta District, standing in the name of the Petitioner’s husband, Mr. Mathew P. Thomas, was mortgaged in favour of the Respondent Bank. Upon default in repayment of the loan amount, the Respondent Bank initiated proceedings under the provisions of theSARFAESI Actagainst the secured asset.

2. Though the Petitioner has filed the present Writ Petition seeking a direction to restrain the Respondent Bank from taking physical possession of the property described in Ext. P2, he now confines the relief to a limited extent. The Petitioner prays that he may be granted one month’s time to approach the Debts Recovery Tribunal (DRT) challenging the measures taken against him under Section 13(4) of the SARFAESI Act . The Petitioner further submits that he has already received the certified copies of the relevant documents.

3. The learned counsel for the Respondent submits that the Petitioner’s intention is merely to protract the proceedings and not to remit any amount towards the outstanding liability.

4. Taking into consideration the limited nature of the request now made by the Petitioner, this Court grants liberty to the Petitioner to approach the Debts Recovery Tribunal (DRT) challenging the measures taken against her. In order to enable the Petitioner to move the DRT, the interim order granted by this Court is extended for a further period of two weeks, particularly in view of the deposit of ₹5,00,000/- (Rupees Five Lakhs only) already made pursuant to the order of this Court.

The writ petition is disposed of as above.

Sd/-