Soujath P.E. vs Canara Bank - 2026 Supreme(Online)(Ker) 30689

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2026 Supreme(Online)(Ker) 30689

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
Soujath P.E. – Appellant
Versus
Canara Bank – Respondent

Advocates:
For the Appellants/Petitioners: Thareeq Anver, Arun Chand
For the Respondents: M.Gopikrishnan Nambiar, K.John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan, Akhila Nambiar

Table of Content
1. petition seeking relief against sarfaesi proceedings. (Para 1)
2. objection regarding existence of alternative statutory remedy. (Para 2 , 3)
3. court refuses to entertain writ petitions where alternative forum exists. (Para 4)

JUDGMENT

Dated this the 22^nd 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 Edu

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