IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
JOSE – Appellant
Versus
IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD.NO. 55 – Respondent
WP(C) NO. 28477 OF 2025
| Table of Content |
|---|
| 1. petitioners challenge sarfaesi coercive action. (Para 1) |
| 2. parties heard; respondent urges drt remedy. (Para 2 , 3) |
| 3. writ dismissed favoring drt per precedents. (Para 4 , 5) |
…..................................... W.P.(C)No.28477 of 2025 …...................................................... Dated this the 7th day of April, 2026 JUDGMENT It is aggrieved by the coercive action taken by the respondent under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the ‘SARFAESI Act' for short), 2002 this writ petition has been preferred by the petitioners.
2. Heard the learned counsel for the petitioners and the respondent.
3. The learned counsel for the respondent vehemently opposed the granting of the reliefs to the petitioners since they have an efficacious alternative remedy before the DRT.
4. I find considerable force in the submissions made by the learned counsel for the respondent.
5. 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 DRT.
In such circumstances, this writ petition is dismissed without prejudice to the contentions and right of the petitioners to avail the statutory remedy.
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