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2026 Supreme(Online)(Ker) 17707

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SULAIKHA – Appellant
Versus
CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: SMT.M.A.SULFIA, SRI.ABDUL JALEEL.A, SHRI.AJMAL JABBAR
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SMT.AKHILA NAMBIAR

Table of Content
1. challenge to stay order under sarfaesi act (Para 1)
2. status quo on property no. 7 (Para 2)
3. original petition disposed directing recovery actions (Para 3)

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

OP (DRT) No. 148 of 2025 ========================

Dated 02nd day of March 2026 JUDGMENT The petitioners challenge the order passed by the Debts Recovery Tribunal–I, Ernakulam, in I.A. No. 1425/2025 in S.A. No. 243/2025, whereby the application seeking stay of the proceedings initiated under Section 14 of the SARFAESI Act was dismissed. The 1st respondent, initiated recovery measures against the personal properties of the petitioners for the alleged dues of the 2nd respondent Company. According to the petitioners, while other assets of the 2nd respondent Company are available for recovery, and the action against their personal properties is arbitrary and unsustainable in law. Their specific contention before the Tribunal was that the mandatory statutory requirements under the SARFAESI Act were not complied with and that no legally enforceable mortgage exists over their properties. It is further alleged that the Tribunal dismissed the stay application without properly adver

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