A writ petition is not maintainable against a Non-Banking Financial Company under the SARFAESI Act; remedies must be sought in appropriate forums.

JUDGMENT

Dated this the 26^th day of February, 2026 The petitioner and her husband had availed a mortgaged loan of Rs.15,93,308/- from the 1^st respondent Bank. On account of default in repayment of the loan, the Bank initiated proceedings against them under the provisions of the SARFAESI Act . Consequent thereto, notice under Section 13(2) has been issued.

2. The respondent has approached the Chief Judicial Magistrate Court under Section 14 of the Act seeking assistance to take possession of the secured asset by dispossessing the petitioner. Pursuant thereto, an Advocate Commissioner was appointed in filing MC No.1009/2025 by the Additional Chief Judicial Magistrate Court (Special Court for Cases related to MPs/MLAs), Ernakulam, who issued notice dated 12.12.2025 informing that steps would be taken to obtain possession of the secured asset and hand over the same to the respondent.

3. The petitioner approached this Court by filing the present writ petition seeking a writ of mandamus to regularize the loan by permitting her to remit the entire overdue amount in installments. The learned counsel for the respondents raised a preliminary objection regarding the maintainability of the writ petition, contending that the respondent is a Non-Banking Financial Company (NBFC). Moreover, it is submitted that the interim order dated 20.01.2026 is not complied with.

4. In view of the judgments of the Hon’ble Apex Court in Sobha v. Muthoot Bank ( 2025(2) KHC 229 ), wherein it has been held that a writ petition is not maintainable against an NBFC. The writ petition is disposed of, leaving open the right of the petitioner to challenge the proceedings initiated against him before the appropriate forum, in accordance with law.

The writ petition is disposed of as above.

Sd/-