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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
Sunil K S – Appellant
Versus
Authorised Officer, Kerala State Co-operative Bank Ltd – Respondent
| Table of Content |
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| 1. high court declines interference in presence of efficacious statutory alternative remedy under sarfaesi act. (Para 4 , 5) |
JUDGMENT
Dated this the 21st day of May, 2026 This original petition has been filed seeking the following reliefs:
“i. Pass appropriate order for setting aside Exhibit P4 order of Debt Recovery Tribunal-I, Ernakulam passed in I.A.No. 1585/2026 in S.A.No.243/2026 as illegal, arbitrary and without application of mind.
ii. Pass appropriate order directing the Debt Recovery Tribunal-I, Ernakulam to hear and dispose of Exhibit P3, I.A.No.1585/2026 on merits after hearing both the parties thereon until then deposit of amount as stipulated in Exhibit P4 order may be kept in abeyance.”
respondent.
submits that he is limiting his prayer for an early disposal of Ext.P3 stay petition pending before the DRT, since he could not comply with Ext.P4 order.
4. The learned counsel for the respondent vehemently opposed entertaining this OP(DRT) and contended that the petitioner has got an efficacious alternative remedy to challenge Ext.P4 before the Appellate Tribunal under Section 18 of the SARFAESI Act.
5. What is challenged in this original petition is Ext.P4 order
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