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2026 Supreme(Online)(Ker) 14698

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
RADHAKRISHNAN K P. – Appellant
Versus
THE STATE BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.T.SHEEJISH
For the Respondents: SHRI.TOM K.THOMAS, SMT.BINI DAS

JUDGMENT

(Dated this the 26th day of February, 2026)

The petitioner availed a loan from the 1st respondent bank by surrendering landed property as a security. Due to the loss in his business, the petitioner was unable to make regular repayments and the bank initiated proceedings under the SARFAESI Act and issued Ext.P1 notice dated 04.08.2021 followed by Ext.P3 notice dated 10.12.2025.

2. On 20.01.2026, this Court granted an interim order directing the petitioner to pay an amount of Rs.10,00,000/- within a period of one month. 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 dismiss

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