DEVADAS P.K. vs AUTHORIZED OFFICER UNDER SARFAESI ACT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 29671

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
DEVADAS P.K. – Appellant
Versus
AUTHORIZED OFFICER UNDER SARFAESI ACT – Respondent

Advocates:
For the Appellants/Petitioners: MANJULA C. P.
For the Respondents: LAL K.JOSEPH, P.MURALEEDHARAN, SURESH SUKUMAR, SANJAY SELLEN, SONIA SHIBU, ANNLIYA M.F., MANOJ K., SARA ELIZABETH MATHEW

Table of Content
1. challenge to financial recovery proceedings and availability of alternative statutory remedy. (Para 1 , 2 , 3)
2. precedent-based dismissal of writ petitions due to existing appellate statutory forum. (Para 4)

JUDGMENT

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

3. The learned Standing Counsel appearing for the respondents 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

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