SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 14516

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ABOOBACKER – Appellant
Versus
AUTHORISED OFFICER, THE TIRUR URBAN CO-OPERATIVE BANK LTD. – Respondent
WP(C) NO. 2890 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.K.V.ANIL KUMAR, SHRI.R.KALESH, SHRI.NIJAZ JALEEL, SHRI.NEERAJ S.
For the Respondents: SHRI.M.SASINDRAN

Court lacks jurisdiction to adjudicate disputed facts under Article 226, directing petitioners to seek redress from the appropriate tribunal.

Headnote:The petitioner availed a personal loan from the respondent bank in 2019, defaulting which led the bank to initiate recovery proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court noted the non-compliance with its interim order requiring payment. Referencing South Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [2023 KHC 6435], the Court found it could not adjudicate factual disputes under Article 226 of the Constitution and dismissed the petition, preserving the petitioner's right to seek remedy at the Debts Recovery Tribunal. The ruling underscored the statutory remedy available through the Tribunal.

Table of Content
1. loan default and bank's recovery actions. (Para 2 , 3)
2. non-compliance with interim order noted. (Para 4)
3. court's jurisdiction limitations discussed. (Para 5)

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

W.P. (C) No. 2890 of 2026 ========================

Dated 23rd day of February 2026 JUDGMENT The petitioner had availed a personal loan in the year 2019 for an amount of ₹15,00,000/- from the respondent Bank by depositing the title deed of his property having an extent of 4 Ares and 61 sq. m. in Sy. No.34/12-44 of Nannambra Village as security. Subsequently, the petitioner committed default in repayment of the loan amount as per the agreed terms. In view of the said default, the respondent Bank initiated recovery proceedings against the secured asset under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002. Aggrieved by the measures so initiated by the respondent Bank under the said Act, the petitioner has approached this Court by filing the present writ petition.

3. An interim order was passed on 27.01.2026 directing the petitioner to remit Rs.2,00,000/- (Rupees two lakh only) within a period of one week. and coercive steps were deferred.

4. Today, the learned counsel for the petitioner submits that the amount directed to be remitted as per the order dated 27.01.2026 has not been paid.

5. 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. Hence taking note of the fact of non-compliance as well as the above decision, this Writ Petition is dismissed, without prejudice to the petitioner’s liberty to approach the Debts Recovery Tribunal.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top