Canara Bank Vs E.T. Firoz (Kerala High Court)
The writ appeal arose from proceedings in W.P.(C) No.3068 of 2025 before the Kerala High Court. Respondents 2 and 3 in the writ petition filed the present appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 08.10.2025 passed by the learned Single Judge.
The writ petition had been filed under Article 226 of the Constitution seeking to quash an attachment order dated 13.01.2025 (Ext.P7) issued by the Recovery Officer. The petitioner also sought directions restraining interference with the custody or disposition of a pre-deposit amount held by the Debts Recovery Appellate Tribunal (DRAT), Chennai, in RA(SA) No.5 of 2024, and requested release of the pre-deposit amount of ₹3,95,50,000 following dismissal of the appeal.
According to the pleadings, the petitioner was the second appellant in RA(SA) No.5 of 2024 before the DRAT, Chennai. The appeal had been filed against an order passed by the Debts Recovery Tribunal-I, Ernakulam in O.A. No.76 of 2023 concerning a sale conducted on 30.07.2022. In order to comply with the statutory requirement of pre-deposit under Section 18 of the SARFAESI Act, the petitioner and the first appellant were directed by the DRAT to deposit ₹3,95,50,000. The amount was deposited through a demand draft dated 21.12.2023.
