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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SHAMEEER T.M. – Appellant
Versus
IDBI BANK – Respondent
| 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], h
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