FAIZAL T vs STATE BANK OF INDIA - 2026 Supreme(Online)(Ker) 29670

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2026 Supreme(Online)(Ker) 29670

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
FAIZAL T – Appellant
Versus
STATE BANK OF INDIA – Respondent

Advocates:
For the Appellants/Petitioners: VISHNU NARAYANAN, ASWATHY KRISHNA M.P.
For the Respondents: PREETHI RAMAKRISHNAN

Table of Content
1. exhaustion of statutory remedies before the debts recovery tribunal is mandatory for sarfaesi disputes. (Para 1 , 2 , 3 , 4)

JUDGMENT

Dated this the 18^th day of May, 2026 It is aggrieved by the coercive steps taken by 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 learned Standing Counsel for the respondent.

3. The learned Standing Counsel appearing 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 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], has categorically held that writ petitions against

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