SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 13586

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
GEORGE T.G. – Appellant
Versus
THE AUTHORISED OFFICER, THE FEDERAL BANK LTD. – Respondent
WP(C) NO. 8620 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.K.P.SUJESH KUMAR

The court allows a writ of mandamus to stay coercive recovery actions pending consideration of the petitioner's representation.

Headnote:Statute Analysis: This judgment examines the provisions under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. Facts of the Case: The petitioner sought a writ of mandamus for a reprieve on repayment of outstanding amounts and against coercive actions.

Findings of Court:
The court acknowledged the interim order and closed the writ petition with liberty to re-open if necessary.

Issues: The core issue framed by the court involves the legitimacy of notices issued under the Act.

Ratio Decidendi: The court reasoned that until the representation under Ext.P4 was considered, the proceedings should be stayed.

Result: The writ petition is closed with liberty to re-open the same.

JUDGMENT

Dated this the 23rd day of February, 2026 The writ petition is filed seeking a writ of mandamus directing the

1st respondent to consider Ext.P4 representation and to grant fifteen months time to repay the entire outstanding amount and not to proceed pursuant to Ext.P3 notice.

An interim order was passed on 15.03.2022 wherein the coercive steps against the petitioner pursuant to Ext.P3 was kept in abeyance for a period of one week. Thereafter, the same was not extended and the writ petition is pending without any orders. In such circumstances, the writ petition is closed with liberty to re-open the same, if any cause survives.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top