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2026 Supreme(Online)(Ker) 26819
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SHAMEEER T.M. – Appellant
Versus
IDBI BANK – Respondent
WP(C) NO. 4510 OF 2025
Important Points
Subject
Civil - Writ Petition
Act Referred
Headnote
For the Appellants/Petitioners: SHRI.LINDONS C.DAVIS, SMT.E.U.DHANYA, SHRI.P.JAHANGEER, SMT.N.S.SHAMILA, SMT.CHINJU P. JOYIES, SMT.SANJANA S ANAND
For the Respondents: SHRI.P.PAULOCHAN ANTONY, SHRI.SREEJITH K.
| Table of Content |
|---|
| 1. petition challenges sarfaesi coercive measures. (Para 1) |
| 2. parties heard; respondents urge alternative remedy. (Para 2 , 3) |
| 3. writ dismissed per precedents favoring drt remedy. (Para 4) |
JUDGMENT
Dated this the 6th day of April, 2026 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 (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 counsel for the respondents.
3. The learned counsel appearing for the respondents 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 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 Debts Recovery Tribunal.
In such circumstances, this writ petition is dismissed, without prejudice to the contentions and right of the petitioner to avail the statutory remedy.
