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2026 Supreme(Online)(Ker) 29295
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
JAIMON JOSEPH – Appellant
Versus
M/S. PEOPLE URBAN CO-OPERATIVE BANK LIMITED – Respondent
WP(C) NO. 16376 OF 2026
For the Appellants/Petitioners: SRI.K.M.ANEESH, SHRI.SANALDEV E.P.
For the Respondents: None
Writ petitions challenging SARFAESI proceedings should generally be dismissed when an alternative remedy exists before the DRT.
Headnote:The petitioner challenges coercive measures initiated by the respondent bank under the SARFAESI Act. The Court notes that the petitioner has an alternative remedy before the DRT, as affirmed by the Supreme Court in Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir, South Indian Bank Ltd. v. Naveen Mathew Philip and PHR Invent Educational Society v. UCO Bank. The writ petition is therefore dismissed, preserving the petitioner’s right to pursue statutory remedies.
| Table of Content |
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| 1. petitioner challenges bank’s coercive action under sarfaesi act. (Para 1) |
| 2. existence of alternative remedies bars writ jurisdiction. (Para 2 , 3 , 4) |
JUDGMENT
Dated this the 19th day of May, 2026 It is aggrieved by the coercive action taken by the respondent 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 respondent.
3. The learned counsel for the respondent vehemently opposed entertaining this writ petition and granting the reliefs to the petitioner since, he has an efficacious alternative remedy before the DRT.
4. I find considerable force in the submissions made by the learned counsel for the respondent. 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], has categorically held that writ petitions against SARFAESI proceedings must not be entertained since the aggrieved persons have an alternative and efficacious remedy before the DRT.
In such circumstances, this writ petition is dismissed without prejudice to the contentions and right of the petitioner to avail the statutory remedy.
