IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
Boban Joseph Mailakal – Appellant
Versus
IndusInd Bank Ltd – Respondent
| Table of Content |
|---|
| 1. mandamus sought against bank's actions. (Para 1 , 2) |
| 2. need for statutory remedy under sarfaesi. (Para 3 , 10 , 11) |
| 3. judicial restraint on interference in recovery. (Para 4 , 5 , 6 , 12) |
| 4. role of judicial authorities defined. (Para 8 , 13 , 14 , 15) |
Anil K. Narendran, J.
The appellants filed W.P.(C)No.29696 of 2025 under Article
226 of the Constitution of India, seeking a writ of mandamus restraining the respondent Bank from proceeding further against the property of the 1st appellant having an extent of 20.75 Ares in Re.Sy.No.69/14 in Aluva East Village of Aluva Taluk in Ernakulam District and described in the schedule to sale deed No.2509/1990 of Aluva Sub Registrar Office on the basis of Ext.P3 notice dated 01.08.2025 and a writ of mandamus commanding the respondent Bank and the Advocate Commissioner not to initiate coercive steps such as taking possession of the petrol bunk, namely, Moly and Boban Agencies on the basis of Ext.P3 notice. By the judgment dated 17.12.2025, the learned Single Judge dismissed the writ petition, without prejudice to the right of the petitioners to raise the contentions in the writ petition as well as other available contentions befo
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