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2026 Supreme(Online)(Ker) 19428
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
MOHAMMED RAFI M.T – Appellant
Versus
THE PONNANI CO-OPERATIVE URBAN BANK LTD – Respondent
WP(C) NO. 9366 OF 2026
Important Points
Subject
Writ Jurisdiction - Civil
Act Referred
Headnote
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL
For the Respondents: SRI.SHOBY K.FRANCIS, SMT.AGI SHOBY, SMT.NEHA MATHEW, SRI. SEBASTIAN GEORGE, SR GP
| Table of Content |
|---|
| 1. petitioner's grievance against coercive actions. (Para 1) |
| 2. opposition to the writ petition due to alternative remedy. (Para 2) |
| 3. court's observations regarding precedence and statutory alternatives. (Para 3) |
| 4. reiteration of existing case law regarding sarfaesi act. (Para 4) |
JUDGMENT
Dated this the 17th day of March, 2026 It is aggrieved by the coercive steps taken by respondents
1, 2 and 3 under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’ for short), this writ petition has been preferred by the petitioner.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1, 2 and 3.
3. The learned Standing Counsel appearing for respondents 1, 2 and 3, vehemently opposed entertaining this writ petition and granting the reliefs to the petitioner since, he has an efficacious alternative remedy before the Debts Recovery Tribunal.
4. The Honourable Apex Court in a catena of decisions including, the decisions in Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir and Others [2022 KHC OnLine
6040], South Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [2023 KHC OnLine 6435] and PHR Invent Educational Society v. UCO Bank [2024 KHC OnLine 6208], have categorically held that writ petitions against SARFAESI proceedings must not be entertained since, the aggrieved persons have an alternative and efficacious remedy before the Debts Recovery Tribunal.
In such circumstances, this writ petition is dismissed without prejudice to the contentions and right of the petitioner to avail the statutory remedy.
Sd/-
