UNION BANK OF INDIA Vs. BABY JOHN

JUDGEMENT

(1.) The respondent in W.P.(C)No.5937 of 2026 is before this Court in this writ appeal, invoking the provisions under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the interim orders dtd. 16/2/2026 and 5/3/2026 of the learned Single Judge in that writ petition. The respondents herein-petitioners filed the said writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following relief;

(2.) Going by the averments in the writ petition, the petitioners availed two housing loans for Rs.20,00,000.00 each from the Peroorkada Branch of Union Bank of India on 8/8/2017 and 23/12/2021. On account of the default in repayment, the loan accounts were classified as Non-performing Asset (NPA) on 21/2/2023 and the Bank initiated recovery measures under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The said proceedings were under challenge before this Court in various writ petitions filed under Article 226 of the Constitution of India, an original petition filed under Article 227 of the Constitution of India and also in securitisation applications filed before the Debts Recovery Tribunal-2, Ernakulam, under Sec. 17 of the SARFAESI Act. In order to take physical possession of the secured asset, the Bank initiated proceedings before the Chief Judicial Magistrate Court, Thiruvananthapuram, under Sec. 14 of the SARFAESI Act, as M.C.No.775 of 2023. S.A.No.614 of 2023 filed by the petitioners under Sec. 17 of the SARFAESI Act, challenging the securitisation proceedings initiated by the Bank, ended in dismissal by Ext.P1 order dtd. 27/5/2025 of the Debts Recovery Tribunal-2, Ernakulam with a cost of Rs.10,000.00 to the Bank. Challenging Ext.P1 order in S.A.No.614 of 2023, the petitioners filed an appeal before the Debts Recovery Appellate Tribunal, Chennai, invoking the provisions under Sec. 18(1) of the SARFAESI Act, as evidenced by Ext.P8 case filing receipt dtd. 12/2/2026 issued from the office of the Debts Recovery Appellate Tribunal. On the very next day, i.e., on 13/2/2026, the petitioners have chosen to invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, by filing W.P.(C)No.5937 of 2026, seeking the aforesaid relief.

(3.) In W.P.(C)No.5937 of 2026, which was filed on 13/2/2026, the respondent Bank filed a counter affidavit dtd. 16/2/2026, opposing the relief sought for, producing therewith Exts.R1A to R1L documents. The counter affidavit was presented on 16/2/2026.