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2026 Supreme(Online)(Ker) 13198

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ANUP CHANDRAN – Appellant
Versus
ICICI BANK – Respondent


Advocates:
For the Appellants/Petitioners: SMT.P.USHAKUMARI
For the Respondents: SHRI.P.SATHISAN, SHRI.SHIBU B.S, SHRI.RAZAK M., SHRI.BIJU P.PAUL, SHRI.ALVIN JEWEL S.S., SMT.VIDHYA T.U., SMT.ABHIRAMI.S, SMT.ANTIJA JAMES, SMT.LEENA VARGHESE, SHRI.SREEKARTHIK S. MENON

JUDGMENT

(Dated this the 24th day of February, 2026)

The petitioner is an LPG distribution agent. The 3rd respondent had availed a loan from the 1st respondent Bank. When proceedings were initiated under the SARFAESI Act , the petitioner approached this Court by filing W.P.(C) No. 23843 of 2025. By Ext.P6 judgment, this Court relegated the petitioner to avail the statutory remedy under Section 17 of the SARFAESI Act and deferred coercive proceedings for a period of one month.

2. Pursuant thereto, the petitioner filed S.A. No. 695 of

2025 before the Debts Recovery Tribunal along with I.A. No. 3854 of 2025 seeking stay. The I.A. was heard on 08.10.2025 and notice was ordered by registered post to the respondent Bank in the I.A. and summons in the S.A. Thereafter, the matter was posted to 22.10.2025, then to 24.11.2025, subsequently to 16.01.2026, and it now stands posted to

24.04.2026 for orders.

3. The limited relief sought by the petitioner is that, since he is conducting LPG distribution office in the secured asset, taking physical possession pursuant to the order passed by the Chief Judicial Magistrate would result in closure of the office, thereby preventing distribution of LPG cy

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