Kerala High Court
Ansaldas K R vs Authorised Officcer on 24 February, 2026
OP (DRT) NO. 88 OF 2026
1
2026:KER:17196
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
OP (DRT) NO. 88 OF 2026
AGAINST THE ORDER DATED 17.02.2026 IN IA 659/2026 IN SA
NO.934 OF 2025 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER:
ANSALDAS K R
AGED 40 YEARS
S/O RAMDAS K C, MANAGING PARTNER CHERAI SUPER MARKET,
CHERAI, KOCHI., PIN - 683514
BY ADV SRI.N.K.MOHANLAL
RESPONDENTS:
1 AUTHORISED OFFICCER
CANARA BANK RECOVERY SECTION REGIONAL OFFICE,
ERNAKULAM, 3 RD FLOOR METRO STATION COMPLEX, M G ROAD,
ERNAKULAM, PIN - 682035
2 ROJO .V .A
S/O ANTONY, REPRESENTED BY PARTNER M/S IRINE, SPICES &
EXPORTS, 5 TH FLOOR, 28/481, ASS HEVENLY PLAZA, CIVIL
LINE ROAD, PADAMUGAL MGM HALL, KAKKANAD, ERNAKULAM,
PIN - 682021
3 M/S IRINE SPICES & EXPORTS
REPRESENTED BY PARTNERS,MR. ROJO V A & MR. JUBY THOMAS,
5 TH FLOOR, 28/481 ASS,HEVENLY PLAZA, CIVIL LINE ROAD,
PADAMUGAL MGM HALL,KAKKANAD, ERNAKULAM., PIN - 682021
4 JUBY THOMAS
REPRESENTED BY PARTNER, M/S IRINE SPICES & EXPORTS 5 TH
OP (DRT) NO. 88 OF 2026
2
2026:KER:17196
FLOOR, 28/481 ASS,HEVENLY PLAZA, CIVIL LINE ROAD,
PADAMUGAL MGM HALL, KAKKANAD, ERNAKULAM-68 2030,
RESIDING AT VETTIKKATT,INCHOOR, KOZHIPILLY,ERNAKULAM,
PIN - 686691
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SMT.AKHILA NAMBIAR
OTHER PRESENT:
SRI. M. GOPIKRISHNAN NAMBIAR , SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 24.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 88 OF 2026
3
2026:KER:17196
JUDGMENT
(Dated this the 24th day of February, 2026)
The petitioner, claiming to be a tenant, has filed S.A. No. 934
of 2025 before the Debts Recovery Tribunal (DRT) challenging the
proceedings initiated for taking physical possession of the secured
asset under the SARFAESI Act.
2. According to the petitioner, he came into possession of the
building pursuant to Ext. P6 lease deed dated 08.01.2024 for a
period of 11 months. It is contended that the lease was thereafter
extended twice for further periods of 11 months each by
endorsements on the reverse side of the lease deed.
3. The petitioner filed I.A. No. 659/2026 in the said S.A.
seeking stay of dispossession. The DRT, by order dated 17.02.2026,
dismissed the application. The Tribunal found that the original lease
period of 11 months commencing from 08.01.2024 had lapsed and
that the endorsements on the reverse side of the lease deed could
not be accepted. It was further observed that Ext. A1 (P6 herein)
lease deed was unregistered and therefore, could not be relied
upon. The only rent receipt produced was for the period from
01.10.2025 to 01.11.2025, and no receipts were produced to
establish payment of rent for the earlier period.
OP (DRT) NO. 88 OF 2026
4
2026:KER:17196
4. The learned counsel for the petitioner relied upon the
judgment of the Hon’ble Apex Court in Bajarang Shyamsunder
Agarwal v. Central Bank of India and Anr. ((2019)9 SCC 94)
wherein it was held that a tenancy created under an oral or
unregistered agreement would not continue beyond one year from
the date of issuance of notice under Section 13(2) of the SARFAESI
Act, and upon expiry of that period, the tenant would be deemed to
be a tenant in sufferance. In paragraph 12 of PNB Housing
Finance Limited v.Sh Manoj Saha (2025 AIR (SC) 3337) , the
Hon’ble Supreme Court has noted that by the 2016 amendment to
the SARFAESI Act, Section 17(4A) was introduced enabling any
person claiming to be lessees/tenants in respect of secured assets
to approach the DRT against the measures taken under Section
13(4), including taking possession of the secured asset. It was also
clarified that the order passed by the DRT is appealable before the
Debts Recovery Appellate Tribunal (DRAT), and the High Courts
were cautioned against interfering under Articles 226 and 227 of
the Constitution of India in matters arising under the SARFAESI Act,
See also, Varimadugu Obi Reddy v.B. Sreenivasulu and Ors.
((2023)2 SCC 168) and South Indian Bank Ltd.and
Ors.v.Naveen Mathew Philip and Anr.((2023) 17 SCC 311).
OP (DRT) NO. 88 OF 2026
5
2026:KER:17196
6. In the above circumstances, I am of the considered opinion
that this writ petition is not liable to be entertained. If the petitioner
is aggrieved by Ext. P5 order passed by the DRT, the proper course
is to approach the DRAT being the appellate authority under
Section 18 of the SARFAESI Act.
7. The learned counsel for the petitioner submitted that some
breathing time may be granted to approach the DRAT, as certified
copies of the necessary documents are yet to be obtained from the
DRT. The said request is opposed by the learned counsel for the
respondent.
8. Taking note of the fact that the impugned order was passed
on 17.02.2026 and that the petitioner approached this Court on
23.02.2026 without delay, I am inclined to grant the petitioner two
weeks’ time to approach the DRAT in accordance with law.
Till such time, all coercive proceedings pursuant to Ext. P5
shall be kept in abeyance.
Sd/-
BASANT BALAJI,
JUDGE
saap
OP (DRT) NO. 88 OF 2026
6
2026:KER:17196
APPENDIX OF OP (DRT) NO. 88 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SA 934/2025 OF DRT-I,
ERNAKULAM WITHOUT DOCUMENT
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 16/01/2026
ISSUED BY ADVOCATE COMMISSIONER
Exhibit P3 A TRUE COPY OF STAY PETITION FILED AS IA
659/2026 IN SA 934/2025
Exhibit P4 A TRUE COPY OF AMENDMENT PETITION FILED AS IA
658/2026 IN SA 934/2025
Exhibit P5 A TRUE COPY OF RELEVANT EXTRACT OF THE ORDER
AS DOWNLOADED FROM THE SITE IN I A 659/2026
IN SA 934/2025 OF DRT-I ERNAKULAM
Exhibit P6 A TRUE COPY LEASE AGREEMENT
Exhibit P7 A TRUE COPY OF NOTICE DATED 30/01/2026 ISSUED
BY 1ST RESPONDENT TO APPLICANT DEMANDING
RENT.
Exhibit P8 A TRUE COPY OF LICENCE DATED 30/12/2024
ISSUED BY PALLIPURAM GRAMA PANCHAYAT TO THE
PETITIONER FOR THE PERIOD 2024-2025
Exhibit P9 A TRUE COPY OF LICENCE DATED 01/04/2025
ISSUED BY PALLIPURAM GRAMA PANCHAYAT TO THE
PETITIONER FOR THE PERIOD 2025-2026
Exhibit P10 A TRUE CIOPY SECTION 14 PETITION FILED BY THE
1ST RESPONDENT BEFORE ACJM COURT, ERNAKULAM.
//True copy//PA to Judge