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2026 Supreme(Online)(Ker) 14888

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
AKHIL RAJ C R – Appellant
Versus
THE AUTHORIZED OFFICER, PIRAMAL FINANCE LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH
For the Respondents: SHRI.P.PAULOCHAN ANTONY, SHRI.G.VISWANATHAN, SHRI.SREEJITH K.

JUDGMENT

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

The petitioner availed a housing loan of Rs.12,87,000/-

from the 2nd respondent bank in the year 2018. Due to non repayment of the loan amount, the bank initiated proceedings under the SARFAESI Act and issued Ext.P1 notice dated 05.01.2026. Aggrieved by the same, the petitioner filed this writ petition.

2. On 20.01.2026, this Court granted an interim order directing the petitioner to pay an amount of Rs.2,00,000/- 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 dismissed accordingly.

Sd/-

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