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CDJ 2026 Ker HC 1197 My Notes print Preview print print
Court : High Court of Kerala
Case No : WA No. 1426 OF 2026
Judges: THE HONOURABLE CHIEF JUSTICE MR. SOUMEN SEN & THE HONOURABLE MR. JUSTICE V.M. SYAM KUMAR
Parties : K. J. Sini Thomas Versus The Authorized Officer, Kerala State Co-Operative Bank Litd,Mangattukadavu Branch, Idukki & Another
Appearing Advocates : For the Appellants: M. Retheeshkumar, V. Muhamed Junaid, Advocates. For the Respondents: K.S. Arunkumar, Advocate.
Date of Judgment : 03-08-2026
Head Note :-
SARFAESI Act, 2002 - Section 17 -

Comparative Citation:
2026 KER 59033,
Judgment :-

Soumen Sen, C.J.

1. Heard Ms. Amrutha K. P., learned counsel representing Mr. K. S. Arun Kumar, learned counsel for the respondents. The appellant is not represented.

2. There is a delay of 58 days in preferring the writ appeal. Even if we assume that the delay has been explained and condone the delay, on the merits of the order, we do not find any reason to interfere with the order passed by the learned Single Judge. All issues raised with regard to non-compliance with Section 14 and other breaches can be more easily and conveniently raised before the DRT.

3. We condone the delay and dispose of the appeal in the aforesaid terms. We make it clear that in the event the petitioner approaches the DRT with an application under Section 17 of the SARFAESI Act, 2002 within a period of two weeks from today, the DRT shall accept the said application and decide the matter in accordance with law without insisting on a separate application for condonation of delay. For a period of two weeks, the Bank shall not take any coercive action against the appellant. We make it clear that we have not gone into the merits of the matter and the limited protection is given in order to enable the appellant to approach the Tribunal in the meantime. In the event any application is filed, the DRT shall decide the prayer for interim stay uninfluenced by any observation made in this order.

 
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