The court affirmed that non-compliance with interim orders precludes entertaining writ petitions in light of available statutory remedies.

JUDGMENT

Dated this the 6^th day of March, 2026 The petitioner availed a loan from the respondent bank. While so, the petitioner has committed a few defaults in installments towards the repayment of the loan, and the bank has declared the loan accounts as NPA. Now, it is learned that the bank has filed a petition Under Section 14(1) of The SARFAESI Act, 2002 before the Chief Judicial Magistrate Court, Manjeri. The authorized officer of the bank obtained Exhibit P1 stating that an amount of Rs.3,95,630/- is due from the petitioner as total outstanding liability and, if the petitioner fails to clear the dues, the property will be taken into possession.

2. When there was default in the repayment, the bank initiated SARFAESI proceedings against the petitioner.

3. The present writ petition is filed to allow the petitioner to pay the overdue amount in installments and to regularize the loan. The learned counsel for the respondent vehemently opposes the same and submitted that on

22.01.2026, this Court directed the petitioner to remit an amount of Rs.75,000/-(Rupees seventy five thousand only) within one month from that day. When the matter is taken up for consideration on 26.02.2026, the petitioner filed I.A. No.2 of 2026 seeking modification of the order dated 22.01.2026 to reduce the amount from Rs.75,000/- to Rs.50,000/- and the learned counsel for the petitioner prays a weeks’ time for remitting the same. But, the learned counsel for the respondent opposes the same and submits that the interim order was in force from 31.01.2026.

Therefore, no indulgence can be granted to this petitioner.

4. 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.

Sd/-