A writ petition is not maintainable against a Non-Banking Financial Company as per established jurisprudence.

JUDGMENT

Dated this the 26^th day of February, 2026 The petitioner had availed a home loan of Rs. 9 lakhs from the 1^st respondent Bank. On account of default in repayment of the loan, the Bank initiated proceedings against the petitioner under the provisions of the SARFAESI Act . Consequent thereto, notice under Section 13(4) dated 10.10.2025 has been issued.

2. The petitioner approached this Court by filing the present writ petition seeking a writ of mandamus to regularize the loan by permitting him 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).

3. 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/-