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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
The Authorized Officer, The Federal Bank Ltd. – Appellant
Versus
Anas Y @ Anas Yoosuf Kunju – Respondent
| Table of Content |
|---|
| 1. appeal against interim order regarding sarfaesi enforcement. (Para 1 , 3 , 5) |
| 2. arguments concerning payment arrangements dismissed. (Para 11 , 12) |
| 3. legal grounds for judicial review under sarfaesi. (Para 13 , 14 , 15 , 16) |
| 4. provisions of sarfaesi act necessitate exhausting remedies. (Para 18 , 20) |
| 5. final judgment dismissing writ based on legal precedents. (Para 24) |
JUDGMENT
Anil K. Narendran, J.
W.A.No.604 of 2026 is one filed by respondents 1 and 2 in W.P.(C)No.47710 of 2025, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the interim order dated 05.03.2026 of the learned Single Judge in I.A.No.1 of 2026 in that writ petition. The 1st respondent herein filed the said writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 therein (appellants in W.A.No.604 of 2026) not to proceed based on Ext.P2 possession notice dated 10.07.2023, Ext.P8 order dated 26.11.2025 of the Chief Judicial Magistrate Court, Kollam in M.C.No.1689 of 2025 and Ext.P12 notice dated 03.12.2025 issued by the Advocate Commissioner a
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