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2026 Supreme(Online)(Ker) 13334

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
TATA CAPITAL HOUSING FINANCE LIMITED – Appellant
Versus
THE DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM – Respondent


Advocates:
For the Appellants/Petitioners: P.PAULOCHAN ANTONY, SREEJITH K.
For the Respondents: None Listed

BASANT BALAJI J ======================

OP (DRT) No.429 of 2025 ========================

Dated 20th day of February 2026 JUDGMENT The Original Petition is filed by the defendant in S.A. No. 769 of 2023 pending before the Debts Recovery Tribunal-I, Ernakulam. The said S.A. was filed by the respondent herein challenging the proceedings initiated by the petitioner under Sections 13 (2) and 13(4) and 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002.

2. The Debts Recovery Tribunal-I, Ernakulam, by order dated

04.06.2024 in I.A. No.2040 of 2024 in S.A. No.769 of 2023, directed the borrower to remit an amount of Rs.9,00,000/- (Rupees Nine Lakhs Only) in two instalments as a condition for grant of stay. The said condition was duly complied with, and consequently, the loan account was regularised. In view of the regularisation of the account, the measures initiated under Sections 13 (2) and 13(4) of the SARFAESI Act, as well as the consequential order, have become practically infructuous. However, S.A. No.769 of 2023 is still pending and has been adjourned from time to time.

3. In the above circumstances, the petitioner has approa

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