IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, Judge
Shamseer – Appellant
Versus
Kerala State Co-operative Bank – Respondent
| Table of Content |
|---|
| 1. overview of the petition filed by a third party challenging sarfaesi proceedings. (Para 1 , 2) |
| 2. arguments concerning the maintainability of a sarfaesi application by a third person. (Para 3 , 4 , 5) |
J U D G M E N T Dated this the 29th day of May, 2026 The petitioner is the applicant in S.A.No.202 of 2025 pending before the Debts Recovery Tribunal – I, Ernakulam. The petitioner has filed the S.A challenging the proceedings initiated by the 1st respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the ‘SARFAESI Act' for short) 2002.
2. It is alleged by the petitioner that the property belonging to the petitioner's husband has been fraudulently mortgaged by the 2nd respondent, in collusion with the 1st respondent. It is also his case that the Debts Recovery Tribunal did not grant any interim protection to him, since he was a third party and has no locus standi to maintain the application under Section 17 of the SARFAESI Act. It is in such circumstances, the petitioner filed this O.P.(DRT), seeking the following relief:-
“i)Issue a writ of mandamus or any other appropriate writ, o
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