Writ petitions are not maintainable against Non-Banking Financial Companies as established in established precedent.

JUDGMENT

Dated this the 26^th day of February, 2026 The petitioner is a co-borrower of a housing loan from the respondent Bank on 17.08.2023 for a tenure of 12 years. On account of default in repayment of the loan, the Bank initiated proceedings against the petitioner under the provisions of the SARFAESI Act .

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 Crl.M.P. No. 13574/2025 of Chief Judicial Magistrate Court, Thrissur, who issued notice dated 16.01.2026 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 him to remit the entire overdue amount in installments. The learned counsel for the respondent raised a preliminary objection regarding the maintainability of the writ petition, contending that the respondent is a Non-Banking Financial Company (NBFC).

4. In view of the judgment 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/-