Kerala High Court
Jolly Varghese vs Aadhar Housing Finance Ltd (Ahfl) on 26 February, 2026
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WP(C) NO. 2075 OF 2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 2075 OF 2026
PETITIONER/S:
JOLLY VARGHESE,
AGED 50 YEARS
NOMBUZHA VAYALIL HOUSE, PUTHUMANA, KOMBANAD P.O.,
ERNAKULAM DISTRICT, PIN - 683546
BY ADV SHRI.GODWIN JOSEPH
RESPONDENT/S:
1 AADHAR HOUSING FINANCE LTD (AHFL),
REPRESENTED BY ITS AUTHORIZED OFFICER, HAVING
REGISTERED OFFICE AT 2ND FLOOR, NO. 3, JVT TOWERS, 8TH
A MAIN ROAD, SAMPANGI RAMA NAGAR, HUDSON CIRCLE,
BENGALURU, KARNATAKA, PIN - 560027
2 BRANCH MANAGER, AADHAR HOUSING FINANCE LTD (AHFL),
COCHIN BRANCH, NO. 62/4783, 1ST FLOOR, RAMLEELA
BUILDING, MAHAKAVI. G ROAD, KARIKKAMURI, NEAR IYYATTIL
JUNCTION, SHENOYS, ERNAKULAM, PIN - 682011
BY ADVS.
SHRI.A.SURESH
SHRI.RASSAL JANARDHANAN A.
SHRI.THAREEQ ANVER
SHRI. GOVIND G. NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 2075 OF 2026 2
JUDGMENT
Dated this the 26th day of February, 2026
The petitioner and her husband had availed a mortgaged loan
of Rs.15,93,308/- from the 1 st respondent Bank. On account of default in
repayment of the loan, the Bank initiated proceedings against them under
the provisions of the SARFAESI Act. Consequent thereto, notice under
Section 13(2) has been issued.
2. The respondent has approached the Chief Judicial Magistrate
Court under Section 14 of the Act seeking assistance to take possession
of the secured asset by dispossessing the petitioner. Pursuant thereto, an
Advocate Commissioner was appointed in filing MC No.1009/2025 by the
Additional Chief Judicial Magistrate Court (Special Court for Cases related
to MPs/MLAs), Ernakulam, who issued notice dated 12.12.2025 informing
that steps would be taken to obtain possession of the secured asset and
hand over the same to the respondent.
3. The petitioner approached this Court by filing the present writ
petition seeking a writ of mandamus to regularize the loan by permitting
her to remit the entire overdue amount in installments. The learned
counsel for the respondents raised a preliminary objection regarding the
maintainability of the writ petition, contending that the respondent is a
Non-Banking Financial Company (NBFC). Moreover, it is submitted that
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WP(C) NO. 2075 OF 2026 3
the interim order dated 20.01.2026 is not complied with.
4. In view of the judgments of the Hon’ble Apex Court in Sobha
v. Muthoot Bank (2025(2) KHC 229), wherein it has been held that a
writ petition is not maintainable against an NBFC. The writ petition is
disposed of, leaving open the right of the petitioner to challenge the
proceedings initiated against him before the appropriate forum, in
accordance with law.
The writ petition is disposed of as above.
Sd/-
BASANT BALAJI
JUDGE
Sru
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WP(C) NO. 2075 OF 2026 4
APPENDIX OF WP(C) NO. 2075 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE LOAN
SANCTION LETTER DATED 29.01.2022 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 12.12.2025
ISSUED BY THE ADVOCATE COMMISSIONER