A party may be granted additional time to appeal if the certified copy of the order is received late, under the SARFAESI Act provisions.

JUDGMENT

Dated this the 12^th day of March, 2026 This original petition is filed seeking to quash Ext.P3, order passed by the Debts Recovery Tribunal-II, Ernakulam and for a direction to the Debts Recovery Tribunal-II, Ernakulam to consider Ext.P2, stay petition afresh, within a fixed period of time.

2. The petitioner, who is the applicant in S.A.No.49 of

2026 on the files of the Debts Recovery Tribunal-II, Ernakulam, had challenged the notice dated 05.01.2026 issued, under Section 14 of the SARFAESI Act , proposing to take possession of his property. Along with S.A.No.49 of 2026, the petitioner filed I.A.No.352 of 2026 seeking stay of all further proceedings pursuant to the notice issued by Advocate Commissioner. The Debts Recovery Tribunal-II, Ernakulam, vide Ext.P3 order dismissed the I.A.No.352 of 2026. It is in such circumstances, the petitioner has approached this Court by filing this original petition.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent. 4. The learned counsel for the petitioner confined his submission only to one ground; i.e., he may be given a reasonable time to challenge Ext.P3 order in the appellate forum. He also submitted that even though Ext.P3 order was passed on 06.02.2026, the certified copy of the order has been issued to him only on 06.03.2026 and hence, he had rushed to this court, to avoid dispossession.

5. Per contra, the learned Standing Counsel appearing for the respondent submitted that even though possession of the property is proposed to be taken tomorrow, as a matter of indulgence, the respondent will not take any coercive action and will grant a reasonable time to the petitioner to approach the Appellate Tribunal, if the petitioner pays a substantial amount to the bank.

6. A perusal of Ext.P3 order would go to show that the certified copy of the same has been issued to the petitioner only on 06.03.2026. If so, the petitioner is having 30 days time from that date, to file an appeal before the appellate tribunal, which he can very well do. In the light of the submissions made by the learned counsel for the respondent, I am of the view that the respondent can be directed to defer taking possession of the property for a period of one month, on condition that the petitioner deposits a sum of Rs.1 lakh (Rupees One Lakh only) before the respondent, on or before 28.03.2026. In case, the petitioner fails to pay the amount as ordered afore, he will not be entitled to get the benefit of this judgment and the respondent will be at liberty to proceed with the coercive action already initiated, subject to any orders passed by the appellate authority.

This original petition is disposed of as above.

Sd/-