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2026 Supreme(Online)(Ker) 20806
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SAIDALI – Appellant
Versus
THE URBAN CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 4743 OF 2026
Important Points
Subject
Civil - Writ Petition
Act Referred
Headnote
For the Appellants/Petitioners: SHRI.T.C.SURESH MENON, SHRI.B.DEEPAK, SHRI.BALAKRISHNAN M.
For the Respondents: SMT.JAYASREE K.P., SHRI.JOHN JOSEPH, SHRI.AMAL PARTHASARADHY
| Table of Content |
|---|
| 1. petitioner challenges bank's coercive actions under sarfaesi. (Para 1 , 2) |
| 2. court mentions alternative remedy before debts recovery tribunal. (Para 3) |
| 3. court dismisses writ petition, supporting legal precedent. (Para 4) |
JUDGMENT
Dated this the 19th day of March, 2026 It is aggrieved by the coercive steps taken by respondents 1 and 2 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 and 2.
3. The learned Standing Counsel appearing for respondents 1 and 2, 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.
