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2026 Supreme(Online)(Ker) 27590

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
P.K. MUNEER – Appellant
Versus
BANK OF INDIA, CHANDRANAGAR BRANCH – Respondent
WP(C) NO. 38550 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.L.RAJESH NARAYAN, SMT.KEERTHANA SARIGA T.S., SHRI.SEBIN THOMAS
For the Respondents: SHRI.JAWAHAR JOSE, SHRI.AUGUSTINE P.

Writ petition dismissed for non-compliance with interim order; remedy lies before Debts Recovery Tribunal.

Headnote:The petitioner challenged coercive actions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'). Essential facts include bank's recovery proceedings on a hypothecated vehicle loan, interim court order requiring deposit and vehicle production, which was not complied with. Court found no grounds for extraordinary jurisdiction. Main issue: Whether to interfere under Article 226 given non-compliance and alternative remedy. Ratio: Petitioner must approach Debts Recovery Tribunal; writ jurisdiction not invoked for non-compliance with interim orders. Writ petition dismissed without prejudice to statutory remedies.

Table of Content
1. petition challenges sarfaesi coercive actions. (Para 1)
2. non-compliance with interim deposit and vehicle production order. (Para 2 , 3 , 4 , 5)
3. dismissal directing drt remedy over writ jurisdiction. (Para 6)

JUDGMENT

Dated this the 10th day of April, 2026 It is aggrieved by the coercive steps taken by the 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. When this writ petition came up for consideration on 11.11.2025, this Court had passed the following order:-

“The petitioner shall remit an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) within one week and produce the vehicle before the 2nd respondent and having satisfied that the vehicle in question is the one which is hypothecated, the same shall be released to the petitioner. The respondent shall inform the overdue amount as on today. All recovery proceedings shall stand stayed for a period of one month. Post on 11.12.2025.”

4. Subsequently, on 17.12.2025, the petitioner was granted a further weeks time to comply with the interim order.

5. Today, when this writ petition was taken up for consideration, the learned counsel for the respondents submitted that the petitioner has not complied with the interim order and has not produced the vehicle.

6. In the light of the afore submissions and considering the fact that the remedy of the petitioner is to approach the Debts Recovery Tribunal by filling appropriate applications, I am not inclined to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India, in this case.

Accordingly, this writ petition is dismissed, without prejudice to the contentions and the right of the petitioner to avail the alternative statutory remedy.

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