Kerala High Court
Shijoy Blangat Pankajakshan vs The Authorized Officer on 23 February, 2026
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WP(C) No.2817/2026
2026:KER:17142
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY,THE 23RD DAY OF FEBRUARY 2026/4TH PHALGUNA, 1947
WP(C) NO. 2817 OF 2026
PETITIONER:
SHIJOY BLANGAT PANKAJAKSHAN, AGED 45 YEARS
S/O. PANKAJAKSHAN BLANGAT VEEDU, THALIKULAM
P.O., THRISSUR, PIN - 680569
BY ADV SHRI.ANESH PAUL
RESPONDENT:
THE AUTHORIZED OFFICER,
STATE BANK OF INDIA, STRESSED ASSET RECOVERY
BRANCH- II, M.G. ROAD, OPP. MAHARAJAS GROUND,
ERNAKULAM, KERALA, PIN - 682011
BY ADV SHRI.JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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2026:KER:17142
JUDGMENT
(Dated this the 23rd day of February, 2026)
The petitioner availed a home loan from the respondent
bank for an amount of Rs.43,47,000/- in the year 2019. When
default occurred in repayment, the bank initiated proceedings
under the SARFAESI Act and issued Ext.P1 notice dated
21.01.2025, followed by Ext.P2 notice issued by the Advocate
Commissioner dated 14.01.2026. Aggrieved by the same, the
petitioner approached this Court.
2. On 23.01.2026, the petitioner was directed to remit
Rs.5 lakhs and was given liberty to move an application for
regularisation of the loan. A counter affidavit has been filed by
the respondent stating that the petitioner has remitted the
amount, but the application was rejected on the ground that the
borrower had demolished the existing residential building and
constructed a commercial building therein.
3. Therefore, the very purpose of granting housing
finance stood defeated, and the bank has already recalled the
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2026:KER:17142
credit facility. On this ground, the application for regularisation
was dismissed.
The relief sought is to keep in abeyance all further
proceedings initiated under the SARFAESI Act. No
proceedings under the SARFAESI Act were specifically
challenged. In such circumstances, the relief sought in this writ
petition cannot be granted by this Court, and the writ petition is
dismissed.
Sd/-
BASANT BALAJI
JUDGE
ncd
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WP(C) No.2817/2026
2026:KER:17142
APPENDIX OF WP(C) NO. 2817 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED TO THE
BORROWER U/S 13(2) OF SECURITIZATION
AND RECONSTRUCTION OF THE FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY
INTEREST ACT 2002 DATED 21.01.2025
Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED
14.01.2026 IN CMP NO. 10026 OF 2025
OF THE CHIEF JUDICIAL MAGISTRATE
COURT THRISSUR
RESPONDENT EXHIBITS
Exhibit-R1a True copy of the communication dated
21-2-2026 sent by the respondent to
the petitioner