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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
SOUTH INDIAN BANK LTD – Appellant
Versus
MUHAAMMADKANI RAWTHER – Respondent
| Table of Content |
|---|
| 1. intra-court appeal against a learned single judge's order. (Para 1 , 2 , 3 , 4) |
| 2. arguments against stalling sarfaesi proceedings. (Para 6 , 7) |
| 3. maintainability of writ appeal under section 5(i) of the kerala hc act. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conditions for invoking writ jurisdiction against sarfaesi act. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. pre-deposit requirement for appeal under section 18 of sarfaesi act. (Para 22 , 23 , 24 , 25) |
| 6. o.p.(drt) not maintainable without exhausting remedies under sarfaesi. (Para 26) |
| 7. setting aside the impugned order dated 19.12.2025. (Para 27) |
| 8. writ appeal allowed and parties may seek early disposal. (Para 28) |
JUDGMENT
The appellants, who are respondents 1 and 2 in O.P.(DRT) No.398 of 2025, filed this intra-court appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the order dated 19.12.2025 passed by the learned Single Judge in that O.P.(DRT).
“i) To set aside Ext.P8 order dated 10.11.2025 in S.A.No.447 of 2025 passed by the Debts Recovery Tribunal-2, Ernakulam;
3. On 19.12.2025, when the O.P.(DRT) came up for consideration, the learned Single Judge passed the impugned order, which reads t
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