Court deferred possession under SARFAESI Act allowing the petitioner to approach the Debts Recovery Tribunal.

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

W.P.(C) No. 6710 of 2026 ========================

Dated 20^th day of February, 2026 JUDGMENT The petitioner has approached this Court challenging Ext.P1 order dated 01.11.2025 in CMP No.2890 of 2025 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (for short, the SARFAESI Act). Ext.P2 is the notice of inspection issued by the Advocate Commissioner for taking physical possession of the secured asset today (20.02.2026).

2. The learned counsel for the respondents also pointed out that the respondent is a private financial institution and, therefore, reliance is placed on the decision of the Supreme Court in Shoba S v. Muthoot Finance Ltd. , 2025 (2) KHC 229 , and submitted that the writ petition is not maintainable against the said respondent.

3. In the above circumstances, I am not inclined to entertain this writ petition and the petitioner is relegated to avail the statutory remedy under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal. However, considering that physical possession of the secured asset is proposed to be taken today, I deem it appropriate to defer the taking of physical possession for a period of two weeks from today to enable the petitioner to approach the DRT. Till then, further proceedings for taking physical possession shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-