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2026 Supreme(Online)(Ker) 14870

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
VIJAYALAKSHMI AMMA – Appellant
Versus
THE AUTHORIZED OFFICER, MANAPPURAM HOME FINANCE LIMITED – Respondent
WP(C) NO. 7472 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.BINU BABUKUTTAN, SHRI.AROMALUNNI M.S., SMT.NIMA MERIYAM KOSHY
For the Respondents: N/A

Writ petitions against private financial institutions under the Securitisation Act are non-maintainable; parties may approach the DRT instead.

Headnote:The petitioner defaulted on a home loan availed jointly with her husband in 2023, prompting recovery proceedings initiated by a private financial institution under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court noted that the petition is non-maintainable against the respondent, referencing decisions in Shoba S v. Muthoot Finance Ltd. and Cholamandalam Investment and Finance Company Limited v. Navayug India Facility Management Private Limited while allowing the petitioner to approach the DRT. The writ petition is disposed of.

Table of Content
1. default in loan repayment initiated recovery proceedings. (Para 1)
2. writ petition against recovery actions non-maintainable. (Para 2)

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

W.P.(C) No. 7472 of 2026 ========================

Dated 27th day of February, 2026 JUDGMENT The petitioner had jointly availed a home loan with her husband in the year 2023. 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.

2. The learned counsel for the respondent pointed out that the respondent is a private financial institution and, therefore, reliance is placed on the decision of the Supreme Court in Shoba S v. Muthoot Finance Ltd. , 2025 (2) KHC 229 and Cholamandalam Investment and Finance Company Limited v. Navayug India Facility Management Private Limited (2026 SCC Online 2181), and submitted that the writ petition is not maintainable against the said respondent.

However, taking into consideration the above cited decisions, leaving open the liberty of the petitioner to approach the DRT, this writ petition is disposed of.

Sd/-

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