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2026 Supreme(Online)(Ker) 14701

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
RENJITH S – Appellant
Versus
THE KERALA STATE CO-OPERATIVE BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.AJITH M. JIJI
For the Respondents: SRI.ATHUL SHAJI, SHRI.GAUTHAM H.

JUDGMENT

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

The petitioner availed a personal loan of Rs.6,95,000/- in the year 2016 and a mortgage loan of Rs.17 lakhs in the year 2020 from the respondent bank. Due to default in repayment, the bank initiated proceedings under the SARFAESI Act .

Aggrieved by the same, the petitioner approached this Court.

2. On 22.01.2026, this Court granted an interim order directing the petitioner to pay an amount of Rs.6,08,254 on or before 07.02.2026. 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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