Kerala High Court
Thulasidharan Pillai R vs The Karur Vysya Bank Limited on 12 March, 2026
OP (DRT) NO. 119 OF 2026 :1: 2026:KER:22201
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
THURSDAY, THE 12TH DAY OF MARCH 2026 / 21ST PHALGUNA, 1947
OP (DRT) NO. 119 OF 2026
AGAINST THE ORDER DATED IN IA 713/2026 IN SA NO.105 OF 2026 OF
DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS:
1 THULASIDHARAN PILLAI R
AGED 63 YEARS
2292 THIRUNILATHU HOUSE, CHILAVANOOR SOUTH,
KADAVANTHRA P.O ERNAKULAM 682020, NOW RESIDING AT
98A GEORGE EDEN ROAD, PANAMPILLY NAGAR ERNAKULAM
682036
2 SUNIL KUMAR S
AGED 58 YEARS
MANIMANDHIRAM, KARUVELIPADI THOPPUMPADI, ERNAKULAM
682005, NOW RESIDING AT 98A GEORGE EDEN ROAD,
PANAMPILLY NAGAR, ERNAKULAM 682036
3 V T SEBASTIAN
AGED 53 YEARS
VAZHAVILA PUTHENVEEDU, SOUTH GIRINAGAR, BHAVANS
SCHOOL KADAVANTHRA P.O ERNAKULAM 682020, NOW
RESIDING AT 98A GEORGE EDEN ROAD, PANAMPILLY NAGAR
ERNAKULAM 682036
BY ADV SHRI.VISWANATH SALISH
OP (DRT) NO. 119 OF 2026 :2: 2026:KER:22201
RESPONDENTS/RESPONDENTS:
1 THE KARUR VYSYA BANK LIMITED
REPRESENTED BY ITS AUTHORIZED SIGNATORY ERNAKULAM
DIVISIONAL OFFICE, 40/1045C, 1ST FLOOR, AMRUTHA
TOWERS, OPP. MAHARAJA'S COLLEGE GROUND, M.G ROAD,
ERNAKULAM 682011
2 LAVY BASTIN THOMAS
MUTHIRAVILA VEEDU, MATHILIL DESOM, THRIKADAVOOR,
KOLLAM 691601
3 MARY DOLLY
EIFFEL NEST, THAZHUTHALA, KANNANALLOOR P.O,
THRIKKOVILVATTAM KOLLAM 691576
4 ANIL KUMAR
SUNIL NIVAS, 39/5880, VAYALACHIRA PARAMBU,
PERUMANUR, KANAYANOOR TALUK, ERNAKULAM VILLAGE,
682015
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 12.03.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP (DRT) NO. 119 OF 2026 :3: 2026:KER:22201
JUDGMENT
Dated this the 12th day of March, 2026 The petitioners are the applicants in S.A. No.105/2026 before the Debts Recovery Tribunal, Ernakulam. The petitioners claim to be the tenants of the 4 th respondent and they are occupying the property, against which steps have been taken by the bank under SARFAESI Act for eviction. It is challenging the same, the afore S.A was filed. During the pendency of S.A.No.105/2026, the petitioners filed I.A. No.713 of 2026 (Ext.P15) seeking stay of operation of Ext.P8 order. The learned Debts Recovery Tribunal, after considering the materials on record and hearing both sides, dismissed I.A.No.713 of 2026, as per Ext.P16 order. It is challenging Ext.P16 order, the present original petition has been filed by the petitioners.
2. Heard the learned counsel for the petitioners on admission.
OP (DRT) NO. 119 OF 2026 :4: 2026:KER:22201
3. Admittedly, the petitioners have a statutory remedy available under Section 18 of the SARFAESI Act to file an appeal against Ext.P16 order.
In such circumstances, this original petition is dismissed, without prejudice to the contentions and right of the petitioner to avail the statutory remedy. It is made clear that the petitioner will be entitled to avail the benefit of Section 14 of the Limitation Act, 1963, on filing the statutory appeal.
Sd/-
P. V. BALAKRISHNAN JUDGE nk OP (DRT) NO. 119 OF 2026 :5: 2026:KER:22201 APPENDIX OF OP (DRT) NO. 119 OF 2026 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN THE 1ST PETITIONER AND THE 4TH RESPONDENT DATED 25.02.2012 Exhibit P2 THE TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN THE 1ST PETITIONER AND THE 4TH RESPONDENT DATED 18.04.2013 Exhibit P3 THE TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN THE 2ND PETITIONER AND THE 4TH RESPONDENT DATED 19.04.2013 Exhibit P4 THE TRUE COPY OF THE LOAN AGREEMENT DATED 28.11.2014 Exhibit P5 THE TRUE COPY OF THE SECTION 13(2) NOTICE ISSUED BY THE 1ST RESPONDENT BANK DATED 21.10.2021 TO THE 2ND AND 3RD RESPONDENTS Exhibit P6 THE TRUE COPY OF THE SECTION 13(4) NOTICE ISSUED BY THE 1ST RESPONDENT BANK DATED 03.02.2022 Exhibit P7 THE TRUE COPY OF THE MC NO.925/2025 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM BY THE 1ST RESPONDENT BANK DATED 06.08.2025 Exhibit P8 THE TRUE COPY OF THE ORDER DATED 27.11.2025 PASSED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM IN M.C NO 925 OF 2025 Exhibit P9 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN MC 925 OF 2025 Exhibit P10 THE TRUE COPY OF THE LEGAL NOTICE DATED 27.12.2019 Exhibit P11 THE TRUE COPY OF THE REPLY NOTICE DATED 07.01.2020 ISSUED BY THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P13 THE TRUE COPY OF PAYMENT RECEIPT OF THE ELECTRICITY BILL LEVIED BY KSEB DATED 20.12.2025 PAID BY THE 1ST PETITIONER Exhibit P12 THE TRUE COPY OF PAYMENT RECEIPT OF THE KERALA WATER AUTHORITY BILL DATED 03.12.2025 PAID BY THE 1ST PETITIONER OP (DRT) NO. 119 OF 2026 :6: 2026:KER:22201 Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 1741 OF 2026 DATED 02.02.2026 Exhibit P15 TRU COPY OF I.A NO. 713 OF 2026 IN SA NO.
105 OF 2026 DATED 08.02.2026 Exhibit P16 TRUE COPY OF THE ORDER IN I.A NO. 713 OF 2026 IN SA NO. 105 OF 2026 DATED 23.02.2026