IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SINDHU JAYAKUMAR – Appellant
Versus
THE AUTHORISED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LIMITED – Respondent
| Table of Content |
|---|
| 1. petition challenges sarfaesi coercive measures. (Para 1) |
| 2. counsel oppose writ due to drt remedy. (Para 2 , 3) |
| 3. apex court precedents bar writ jurisdiction. (Para 4) |
JUDGMENT
Dated this the 10th 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 Standing Counsel for the respondents.
3. The learned Standing Counsel appearing for the respondents vehemently opposed entertaining this writ petition and granting the reliefs to the petitioner since, she has an efficacious alternative remedy before the Debts Recovery Tribunal.
4. 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], hav
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