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