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2026 Supreme(Online)(Ker) 14213

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji, J
Sachu Advait Mohanachandran – Appellant
Versus
Dewan Housing Finance Corporation Limited – Respondent
OP (DRT) NO. 182 OF 2021



Advocates:
For the Appellants/Petitioners: Sri.Ashwin Gopakumar, Sri.Anwin Gopakumar, Sri.Niranjan Sudhir, Sri.Kandampully Vikram, Smt.Nikitha Susan Paulson

Failure to act on initial directive leads to dismissal of appeal for asset restoration under SARFAESI Act.

Headnote:The judgment revolves around the petitioner's request to restore possession of secured assets and to prevent the respondent from taking coercive actions under Section 13 (4) of the SARFAESI Act. The court noted the petitioner's failure to take necessary steps beyond an initial directive. Consequently, it concluded that the application would be closed with the option to reopen if necessary. The relief sought was determined to be not actionable due to lack of follow-up by the petitioner.

JUDGMENT

(Dated this the 24th day of February, 2026)

The reliefs sought was to restore possession of the secured assets back to the petitioner and restrain the respondent from taking any further coercive action under Section 13 (4) of the SARFAESI Act against the petitioner. The petitioner was directed to take steps on 25/02/2022. Till date, the petitioner has not taken any steps.

In such circumstances, this O.P (DRT) stands closed with liberty to reopen, if survives.

Sd/-

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