M/S. SIMPEX TRADING COMPANY vs UNION BANK OF INDIA - 2026 Supreme(Online)(Ker) 23845

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2026 Supreme(Online)(Ker) 23845

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
M/S. SIMPEX TRADING COMPANY – Appellant
Versus
UNION BANK OF INDIA – Respondent

Advocates:
For the Appellants/Petitioners: SHRI.SHASHANK DEVAN, SHRI.DILEEP CHANDRAN
For the Respondents: SHRI.C.MURALIKRISHNAN (PAYYANUR), SHRI.MUBAID SULPHICKER K. S.

Table of Content
1. the petitioner challenges the tribunal's order. (Para 1)
2. petitioner's claims of lawful tenancy were dismissed. (Para 2)
3. court confirms alternative remedy available to the petitioner. (Para 3 , 4)

JUDGMENT

Dated this the 27th day of March, 2026 This original petition is filed by the petitioner challenging Ext.P4 order dated 11.02.2026 in I.A.No.167 of 2026 in S.A.No.917 of 2025 passed by the Debts Recovery Tribunal-I, Ernakulam.

2. The petitioner is the claim petitioner in I.A.No.167 of 2026 in S.A.No.917 of 2025 on the files of the Debts Recovery Tribunal-I, Ernakulam. The petitioner claims to be a lawfully inducted tenant of the 4^th respondent. The 1^st respondent initiated proceedings under the SARFAESI Act against respondents 4 to 8 and took possession of the property in which the petitioner is occupying. It is the case of the petitioner that while taking physical possession, the movables kept inside the premises, such as, various types of tiles, belonging to the petitioner were also taken possession by the bank. It is, in such circumstances, the petitioner filed the afore claim petition before the Tribunal, seeking release of the movables. The learned Trib

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