Kerala High Court: Writ Petitions Not Maintainable in SARFAESI Matters When Statutory Remedies Exist

The Kerala High Court has reiterated that its writ jurisdiction under Article 226 of the Constitution is limited in matters under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.

The Court held that borrowers first exhaust the statutory remedy under Section 17 before the Debt Recovery Tribunal (DRT) before approaching the High Court.

A Division Bench of Justices Anil K Narendran and Muralee Krishna S set aside a Single Judge’s order that had granted instalment relief and possession to a borrower who defaulted on a ₹16 lakh loan. 

[Kerala Bank and Anr v Jishith Kumar]