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

2026 Supreme(Online)(Ker) 14561

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PRIYA.K – Appellant
Versus
BANK OF MAHARASHTRA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.M.MUHAMMED HUSSAIN, SHRI.MANUMON A.
For the Respondents: SRI. T. A. PRAKASH, SC

JUDGMENT

(Dated this the 20th day of February, 2026)

The petitioner and her husband availed a home loan of Rs.56 lakhs from the 2nd respondent in the year 2021. When default occurred in repayment, the respondent initiated proceedings under the SARFAESI Act and issued Ext.P1 notice dated 18.02.2025 followed by Ext.P3 notice dated 08.08.2025.

2. On 12.01.2026, this Court granted an interim order directing the petitioner to pay an amount of Rs.1,50,000/- within a period of two weeks. Today, when the case is taken for consideration, it is submitted that the said direction has not been complied with.

3. Having heard the learned counsel for the petitioner as well as the learned counsel for the respondent and taking note of the fact of non-compliance with the interim order as well as the efficacious statutory remedy available as held in the decision of the Hon’ble Apex Court in South Indian Bank Ltd v. Naveen Mathew Philip [ (2023) 17 SCC 311 ], it is for the petitioner to approach the DRT against the proceedings initiated by the bank. Hence, I am not inclined to entertain this writ petition and it stands dismissed.

The writ petition is dismissed accordingly.

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 telegram-icon
whatsapp-icon Back to top