MANOOB. M vs THE AUTHORIZED OFFICER, M/S PNB HOUSING FINANCE LIMITED

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 24459

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
MANOOB. M – Appellant
Versus
THE AUTHORIZED OFFICER, M/S PNB HOUSING FINANCE LIMITED – Respondent

Advocates:
For the Appellants/Petitioners: SRI.SAJU J PANICKER, SHRI.KURIAN K JOSE
For the Respondents: SRI.SABU S.KALLARAMOOLA, SRI.LEEJOY MATHEW.V.

Table of Content
1. coercive action under sarfaesi act prompted writ petition. (Para 1)
2. court discussed alternative remedies available before debts recovery tribunal. (Para 2 , 3)
3. writ petition dismissed without prejudice to statutory rights of the petitioner. (Para 4)

JUDGMENT

Dated this the 30^th day of March, 2026 It is aggrieved by the coercive steps taken by respondent 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 the respondent.

3. The learned Standing Counsel appearing for the respondent 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 inPhoenix 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 OnLi

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