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2026 Supreme(Online)(Ker) 11255
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
KRISHNAKUMAR.S – Appellant
Versus
HDFC BANK LTD – Respondent
WP(C) NO. 2621 OF 2026
For the Appellants/Petitioners: SRI.S.SUNIL KUMAR, SMT.LEKSHMI S.SEKHER, SRI.K.J.SUNIL, SMT.FEMY M.ANTONY
For the Respondents: SRI. PREMCHAND M.
A borrower must comply with court orders or seek remedy through designated forums like the Debts Recovery Tribunal under the SARFAESI Act.
Headnote:The case concerns a term loan of Rs.1,60,00,000 availed by the petitioner and the default in repayment prompting proceedings under the SARFAESI Act. The petitioner sought relief from this Court which required remittance of Rs.50 lakhs. Upon failure to comply, the court advised the petitioner to seek remedy at the Debts Recovery Tribunal. The petition was dismissed on these grounds.
Result: The writ petition is dismissed accordingly.
| Table of Content |
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| 1. petitioner availed a significant loan but defaulted repayment. (Para 1) |
| 2. non-compliance with court's interim order led to recommendation for the debts recovery tribunal. (Para 2) |
JUDGMENT
Dated this the 17th day of February, 2026 Petitioner along with his wife and daughter availed a term loan from the respondent for an amount of Rs.1,60,00,000/-. Due to financial difficulties, there occurred default in repayment and proceedings under SARFASI Act has been initiated against the petitioner. Aggrieved by the same, the petitioner has approached this Court.
2. On 27.01.2026, this Court granted an interim order staying all further proceedings on condition that the petitioner remits an amount of Rs.50 lakhs on or before 16.2.2026. 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, 2002 , 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/-
