2026 Supreme(Online)(Ker) 26495
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SABIRA U V – Appellant
Versus
MALAPPURAM DISTRICT COOPERATIVE BANK – Respondent
WP(C) NO. 1079 OF 2024
For the Appellants/Petitioners: SRI.M.DEVESH
For the Respondents: SRI.GILBERT GEORGE CORREYA
Writ petition dismissed for non-prosecution due to petitioner's absence and non-compliance with interim order.
Headnote:The petitioner challenged coercive recovery measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The court noted the absence of petitioner's representation on the second call and non-compliance with the interim order. The writ petition was dismissed for non-prosecution. No specific issues were framed due to the petitioner's failure to appear. The court's reasoning centered on the petitioner's lack of interest in pursuing the matter. The writ petition is dismissed for non-prosecution.
| Table of Content |
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| 1. petition challenges sarfaesi coercive actions. (Para 1) |
| 2. dismissed for non-prosecution and non-compliance. (Para 2 , 3) |
Dated this the 07th day of April, 2026 J U D G M E N T It is aggrieved by the coercive steps taken by respondents under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 , this writ petition has been preferred by the petitioner.
2. There is no representation for the petitioner even on the second call.
3. The learned standing counsel for the respondents submits that the petitioner has not complied with the interim order.
It appears that the petitioner is not interested in prosecuting this writ petition. Hence, this writ petition is dismissed for non-prosecution.