IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
SURENDRAN T.K. – Appellant
Versus
UCO BANK – Respondent
| Table of Content |
|---|
| 1. initiation of a challenge against sarfaesi proceedings. (Para 1) |
| 2. requirement to exhaust alternative legal remedies. (Para 2 , 3 , 4) |
JUDGMENT
Dated this the 18th 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 petiti
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