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2026 Supreme(Online)(Ker) 36016

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. Balakrishnan, J
Arikkattu Traders & Exports – Appellant
Versus
Authorised Officer, Canara Bank – Respondent
WP(C) NO. 15817 OF 2026



Advocates:
For the Appellants/Petitioners: Bhanu Thilakshri, S.R. Prashanth, Abhinav Vijay, Aiswarya Krishnan, Vishnu R
For the Respondents: M. Gopikrishnan Nambiar

A writ petition becomes infructuous when the grievance sought to be redressed has been addressed by the respondent through a formal order during the pendency of the proceedings.

Headnote:The petitioner filed a writ petition seeking a direction to the bank to consider a representation regarding the restructuring of an MSME account and to restrain coercive measures under the SARFAESI Act, 2002. The court observed that the pending representation had already been addressed by the respondent bank during the pendency of the petition. The core issue was whether the reliefs sought remained actionable. Relying on the fact that an order had already been passed on the representation, the court determined that the petition had become infructuous and left the petitioner at liberty to challenge the decision in an appropriate forum. The writ petition is closed.

Table of Content
1. petitioner requests mandatory directives for msme account restructuring and interim relief. (Para 1)
2. petition becomes infructuous after the respondent addresses the subject grievance. (Para 2 , 3)

JUDGMENT

Dated this the 12th day of June, 2026

This writ petition is filed by the petitioner seeking the following reliefs:

i. Issue a writ of mandamus or any other appropriate writ, order, or direction, commanding the 1st Respondent to forthwith consider and pass a detailed, reasoned order on the Petitioner's Representation and objections dated 06-04-2026 Exhibit.P1 in accordance with the law and the prevailing RBI guidelines on restructuring of MSME accounts, and communicate the same to the Petitioner, within a time frame to be stipulated by this Hon'ble Court;

ii. Issue a writ of prohibition or any other appropriate writ, order, or direction, restraining the Respondents, their agents, or anyone acting on their behalf from taking any coercive measures against the Petitioner under the provision of the SARFAESI Act, 2002, pursuant to the Demand Notice dated 24-02-2026 until a reasoned order is passed on Exhibit.P1 and communicated to the Petitioner;

iii. Declare that the classification of the Petitioner's account as Non-Performing Asset (NPA) is premature and contrary to the spirit of RBI guidelines for MSMEs, and direct the Respondents to review the same in light of the Petitioner's MSME status and the prevailing market conditions.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. Admittedly, during the pendency of this writ petition, Ext.P1 representation/objections has been considered by the 1st respondent and an order has been passed on it as per Ext.P2 letter dated 06.04.2026. If that be so, I am of the view that this writ petition itself has become infructuous. If the petitioner has any surviving grievance, he has to challenge Ext.P2 in the appropriate forum, by taking appropriate steps.

With the aforesaid liberty, this writ petition is closed.

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