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2026 Supreme(Online)(Ker) 22244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
DEVAKI BHASKARAN – Appellant
Versus
PIRAMAL CAPITAL AND HOUSING FINANCE LTD. – Respondent
WP(C) NO. 776 OF 2026
For the Appellants/Petitioners: SHRI.VINAYAK G MENON, SRI.ARUN CHAND, SHRI.BHARAT VIJAY P., SMT.MINU VITTORRIA PAULSON, SMT.ARCHANA P.P.
For the Respondents: SRI.DENU JOSEPH, SHRI.ANANDU B. BABU, SMT.ATHIRA SURENDRAN
A petitioner must actively participate in proceedings to avoid dismissal for non-prosecution.
Headnote:The petitioner, seeking redress under the SARFAESI Act, contended that coercive actions by the respondents were unjustified. Notably, the absence of the petitioner during proceedings implied a lack of interest in pursuing the matter, leading the court to dismiss the petition. This judgment underscored the necessity of active participation in legal proceedings.
| Table of Content |
|---|
| 1. coercive steps taken under sarfaesi act (Para 1) |
| 2. petitioner's absence implies non-prosecution (Para 2) |
| 3. writ petition dismissed for non-prosecution (Para 3) |
P.V. BALAKRISHNAN, J.
…………………………................................
W.P.(C)No. 776 of 2026 ….........................................................
Dated this the 26th day of March 2026 J U D G M E N T It is aggrieved by the coercive steps taken by the respondents 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. There is no representation for the petitioner.
3. The learned counsel for the respondents submitted that the interim order passed by this Court has not been complied with.
It appears that the petitioner is not interested in prosecuting this writ petition. Hence, this writ petition is dismissed for non-prosecution.
