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2026 Supreme(Online)(Ker) 13330

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHYLAJA C – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK LTD. (KERALA BANK) – Respondent
OP (DRT) NO. 34 OF 2026 | SA NO.667 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.V.PHILIP MATHEWS, SMT.SEBA ANNA SIMON, SHRI.ABY SKARIA, SMT.LAKSHMI S.
For the Respondents: SRI.GILBERT GEORGE CORREYA

Compliance with payment orders warrants interim stay of further proceedings in debt recovery cases.

Headnote:In the context of OP (DRT) No. 34 of 2026, the petitioner sought reliefs concerning S.A. No. 667 of 2025, specifically aiming to prevent the respondents from taking possession of secured assets pending adjudication. The court confirmed the petitioner's compliance with prior orders requiring payment of substantial dues, thus allowing the Debt Recovery Tribunal to proceed. The court emphasized that such compliance merits interim protection against further proceedings pending the S.A.'s determination. The judgment concluded with a directive for an interim stay on further actions until resolution of the S.A.

Table of Content
1. petitioner seeks debt relief and interim provisions. (Para 1 , 2)

JUDGMENT

(Dated this the 20th day of February, 2026)

The petitioner has filed this original petition for the following reliefs:

“(i) Pass an order directing the Debts Recovery Tribunal-I, Ernakulam to consider and dispose of S.A. No.667/2025 on merits within a time frame, without insisting on further payments.

(ii) Issue a direction directing the respondents 1 and

2 not to take physical possession of the petitioner’s secured asset pursuant to Exhibit P7 till S.A. No.667/2025 is considered and disposed of by the Debts Recovery Tribunal-I, Ernakulam.

(iii) Pass such other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.

(iv) Pass appropriate orders dispensing with production of English translation of Exhibits in Malayalam.”

2. Ext.P3 is an order passed in I.A. No.3780/2025 in S.A. No.667/2025 on 07.10.2025, whereby, for deferring taking of physical possession, the petitioner was directed to remit Rs.11,99,892/- on or before 07.11.2025 as 1st instalment, further a sum of Rs.11,99,892/- on or before 06.12.2025 as 2nd instalment, and a further sum of Rs.11,99,892/- on or before

07.01.2026 as the 3rd instalment.

3. The learned counsel for the petitioner submitted on

22.01.2026 that Rs.7 lakhs was paid and the balance amount needed to comply with Ext.P3 was Rs.28,99,676/-. Therefore, an order was passed directing the petitioner to remit Rs.10 lakhs on or before 30.01.2026 and the balance amount of Rs.18,99,676/- on or before 15.02.2026. The petitioner submits that the said direction was fully complied with, which is now endorsed by the counsel for the respondent.

In view of the above, full compliance of Ext.P3 is recorded. Therefore, this original petition is disposed of directing the Debts Recovery Tribunal to take up the S.A. and proceed further. Since the entire amount is paid, there will be an interim stay of further proceedings till the disposal of the S.A.

Sd/-

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