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Informative

Kerala HC Allows Withdrawal of Writ Petition to Pursue SARFAESI Remedy Against Muthoot Homefin & HDFC Life.

Update / Judgement Date

24 Oct 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Criminal LawOther Legal Matters
Kerala HC Allows Withdrawal of Writ Petition to Pursue SARFAESI Remedy Against Muthoot Homefin & HDFC Life.
WCP News Bulletin
Headnote:

The Kerala High Court permitted the withdrawal of a writ petition filed by a 73-year-old petitioner challenging proceedings initiated by Muthoot Homefin under the SARFAESI Act. The Court granted liberty to the petitioner to pursue the appropriate statutory remedy under Section 17 of the SARFAESI Act, 2002.


Background:
  1. The petitioner, Radhamani B, had filed a writ petition under Article 226 of the Constitution of India.
  2. The dispute arose from loan recovery proceedings initiated by Muthoot Homefin (India) Ltd. under the SARFAESI Act, 2002.
  3. Petitioner also challenged the repudiation of a life insurance claim by HDFC Life Insurance Co. Ltd., related to her deceased husband’s policy.


Petitioner’s Exhibits:
  1. Exhibit P1: Death claim repudiation letter by HDFC Life dated 31.08.2025.
  2. Exhibit P2: Medical records/discharge card showing death on 12.09.2023.
  3. Exhibit P3: Copy of Consumer Complaint No. 739/2025 before the District Consumer Commission, Thiruvananthapuram.
  4. Exhibit P4: Section 13(2) notice under SARFAESI Act dated 20.05.2025.
  5. Exhibit P5: Section 13(4) notice dated 06.08.2025.
  6. Exhibit P6–P7: Requests and postal receipts sent to Muthoot Homefin regarding the dispute.


Proceedings:
  1. During the hearing, the petitioner’s counsel sought permission to withdraw the writ petition to enable the petitioner to avail the alternate statutory remedy under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal (DRT).


Court’s Observations:
  1. The Court noted that once measures under Section 13(4) of the SARFAESI Act are taken, the appropriate remedy available to an aggrieved party is under Section 17 before the DRT, not under Article 226.
  2. Since the petitioner expressed intent to pursue the said remedy, no adjudication on merits was required.


Decision:
  1. Writ Petition dismissed as withdrawn.
  2. Liberty reserved to the petitioner to pursue statutory remedies under Section 17, SARFAESI Act, 2002.

Case Title: Radhamani B v. Muthoot Homefin (India) Ltd. & Ors.

Court: High Court of Kerala, Ernakulam

Coram: Hon’ble Mr. Justice Basant Balaji

Case No.: W.P.(C) No. 39796 of 2025

Date of Judgment: 25 October 2025

Citation: 2025:KER:79780

Advocates: For Petitioner – Shri. Srikanth Thamban, Shri. Firdouse K.K., Shri. Althaf Nabeel, Shri. Gopin V. Gopal