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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
DCB BANK LIMITED – Appellant
Versus
K. ABOOBACKER – Respondent
| Table of Content |
|---|
| 1. loan default and sarfaesi proceedings initiated. (Para 1 , 2) |
| 2. procedural history of writ petition and appeal. (Para 3 , 4 , 5 , 6 , 7) |
| 3. single judge exceeded jurisdiction by granting installments. (Para 8 , 9 , 10 , 11 , 23) |
| 4. statutory remedy under section 17 sarfaesi mandatory. (Para 12 , 13 , 17 , 18 , 19) |
| 5. high court interference in sarfaesi deprecated. (Para 14 , 15) |
| 6. no writ against private banks under sarfaesi. (Para 16 , 20 , 21 , 22) |
| 7. writ appeal allowed; single judge order set aside. (Para 24 , 25) |
JUDGMENT
Anil K. Narendran, J.
The respondents in W.P.(C).No.3583 of 2026 have filed this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 05.03.2026 of the learned Single Judge in that writ petition, which was one filed by the respondents herein-petitioners, who availed financial assistance from the 1st appellant DCB Bank Ltd., in the year 2017, by mortgaging 2.36 Ares of property comprised in Sy.No.568/1, Re-Sy.No.581/9-3, Block No.22 of Amballur Village, along with a residential building situated therein, with building No.5/533-A, covered by document No.1427/2017 dated 13.09.2017
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