Sahrudayan N. vs Canara Bank - 2026 Supreme(Online)(Ker) 30711

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2026 Supreme(Online)(Ker) 30711

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

Advocates:
For the Appellants/Petitioners: Bharat Vijay P., Shahnoy Shaji, Neethu S., Minu Vittorria Paulson, Gopika Gopal
For the Respondents: P. Paulochan Antony

Table of Content
1. overview of the petitioner's challenge against sarfaesi action. (Para 1)
2. summary of rival contentions regarding alternative remedy. (Para 2 , 3)
3. court rules against writ maintainability due to available statutory remedies. (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

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