Non-compliance with Tribunal orders leads to dismissal of petitions; statutory remedies must be sought through appropriate legal channels.

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

OP (DRT) No.59 of 2026 ========================

Dated 24^th day of February 2026 JUDGMENT The Original Petition has been filed challenging the notice dated

24.09.2025 issued by the Advocate Commissioner proposing to take physical possession of the secured asset. Pursuant to the said notice, the petitioner filed S.A.No. 647 of 2025 along with I.A. No. 3865 of 2025 seeking stay of further proceedings. By order dated 24.10.2025, the Tribunal granted a conditional stay directing the petitioner to deposit a sum of Rs. 8,00,000/- on or before 22.11.2025 as the first instalment and a further sum of Rs. 8,00,000/- on or before 22.12.2025 as the second instalment. The petitioner, due to financial constraints, was unable to remit the first instalment within the stipulated time and therefore filed I.A. No. 4505 of 2025 seeking extension of time. By order dated 28.11.2025 (Ext. P4), the Tribunal granted extension, specifically observing that it was the last opportunity and that, in the event of default, the interim order would stand automatically vacated without any further extension. Aggrieved by the said order (Ext. P4) and the consequences arising therefrom, the petitioner has filed the present Original Petition.

2. An interim order was passed on 03.02.2026 directing the petitioner to remit Rs.8,00,000/- (Rupees eight lakh only)and coercive steps were deferred.

3. Today, the learned counsel for the petitioner submits that the amount directed to be remitted as per the order dated 03.02.2026 has not been paid.

4. In South Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [2023 KHC 6435] , the Hon’ble Apex Court held that the remedy available to the petitioner to move the Debts Recovery Tribunal is a statutory one, and that this Court, while exercising jurisdiction under Article 226 of the Constitution of India, cannot adjudicate disputed questions of fact.

In such circumstances, taking note of the fact of non-compliance and the above decision, this Writ Petition is dismissed, without prejudice to the petitioner’s liberty to approach the Debts Recovery Tribunal.

Sd/-