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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRADEEP G – Appellant
Versus
KERALA BANK EZHAMKULAM BRANCH – Respondent
WP(C) NO. 9140 OF 2020
| Table of Content |
|---|
| 1. mortgaged loan led to recovery actions. (Para 1) |
| 2. non-compliance with interim orders noted. (Para 2) |
| 3. remedy through debts recovery tribunal advised. (Para 3) |
JUDGMENT
(Dated this the 11th day of February, 2026)
The petitioner availed a mortgaged loan of Rs.10 lakhs in the year 2014 and that due to the non-payment of loan amount, the Bank initiated proceedings under the SARFAESI Act , 2002, as against petitioner’s property. In such circumstances, the petitioner approached this Court.
2. On 23.03.2020, this Court deferred the recovery proceedings for a period of two weeks on condition that the petitioner remits Rs.1 lakh. Today, the learned counsel for the respondent submits that the petitioner has failed to comply with the interim order.
3. 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 in South Indian Bank Ltd v. Naveen Mathew Philip [(2023) 17 SCC 311] .
The writ petition is dismissed accordingly.
Sd/-
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