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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
WP(C) NO. 999 OF 2026



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

The court ruled that the statutory remedy under DRT supersedes the writ petition due to non-compliance with interim order.

Headnote:The petitioner availed a housing loan from the second respondent bank in 2018 and faced non-payment issues, prompting the bank to initiate proceedings under the SARFAESI Act, citing a notice issued on 5.1.2026. The court noted the petitioner's non-compliance with an interim order requiring a payment of Rs.2,00,000/- and directed the petitioner to seek remedy through the DRT, ultimately dismissing the writ petition. The court referenced the Hon’ble Apex Court decision in South Indian Bank Ltd v. Naveen Mathew Philip for its ruling on the statutory remedy available.

Table of Content
1. petitioner obtained a housing loan and failed to repay. (Para 1)
2. interim order directed payment of rs.2,00,000/- not complied. (Para 2)
3. court directs use of drt for statutory remedy and dismisses writ. (Para 3)

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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