Akbar P vs State Of Kerala & Ors.

Soumen Sen, C.J.

Heard Mr. M. Devesh, learned counsel for the appellant, Mr. P.A. Augustine, learned counsel appearing for the 5^th respondent, and Ms. O.A. Nuriya, learned Senior Government Pleader.

The appeal arises from the judgment dated 3^rd July 2026 passed by the learned Single Judge in a writ petition challenging the action initiated by the secured creditors against the writ petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The learned Single Judge, after referring to a catena of decisions, held that a writ petition challenging proceedings under the SARFAESI Act is not maintainable, as the aggrieved party has an efficacious alternative remedy before the Debts Recovery Tribunal (DRT).

We do not find any exceptional circumstance warranting interference in the present writ appeal, as the issues raised can be conveniently and efficaciously adjudicated by the DRT. In the event the appellant approaches the DRT within a period of two weeks from today, the DRT shall accept the same and decide the matter in accordance with law, uninfluenced by any observations made in this order. The additional documents produced in this proceeding shall also be taken into consideration by the DRT.

The writ appeal is, accordingly, disposed of.

Annexure A1 THE TRUE COPY OF O.A. NO.614/2025 BEFORE THE DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM (WITHOUT ANNEXURES) FILED BY THE 5TH RESPONDENT DATED 17.05.2025