2025:KER:27308 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 7502 OF 2025 PETITIONER: SAJI S.S., AGED 48 YEARS S/O. SAHADEVAN, SARASWATHI BHAVANAM, THIRUNALLOOR, PALLIPURAM, ALAPPUZHA, PIN - 688541 BY ADVS. S.MUMTAZ ALISHA ASLAM AMINA RUBY FAIZAL ARPANAI T.A. BHAVANA VIJAYAKUMAR RESPONDENT: EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., REP. BY THE AUTHORIZED OFFICER, 1ST FLOOR, EDELWEISS HOUSE, CST ROAD, KALINA, MUMBAI, PIN - 400098 BY ADVS. JACOB CHACKO B.V.JOY SANKAR P.SUJITH KUMAR MATHEWS JOSEPH SOURADH C. VALSON GEORGE JOSEPH (ITTANKULANGARA) BINU PAUL (NETTOOR) R.RAJA RAJA VARMA N.KRISHNA MOORTHY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION 2025:KER:27308 2 WP(C) NO. 7502 OF 2025 ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27308 3 WP(C) NO. 7502 OF 2025 JUDGMENT The petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act by the respondent. 2. On 11.03.2025, after hearing the submissions of the learned counsel for the petitioner and the learned counsel appearing for the respondent, this Court passed the following order: “Learned counsel for the petitioner submits that the petitioner will remit a sum of Rs.33 lakhs towards the loan liability before 28-03-2025. Taking into consideration of the above submission of the learned counsel for the petitioner, it is directed that taking of physical possession shall stand deferred till 28-03-2025 on condition that the petitioner remits a sum of Rs.33 lakhs towards the loan liability by 5 p.m on 27-03-2025.” 3. When the matter is taken up for consideration today, it is submission of the learned counsel appearing for the respondent that no amount has been paid by the petitioner, pursuant to the interim order 2025:KER:27308 4 WP(C) NO. 7502 OF 2025 dated 11.03.2025. This Court exercises limited jurisdiction in matters arising under the SARFAESI Act and where the borrowers have not demonstrated bonafides, it is not possible to grant any relief under Article 226 of the Constitution of India. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE STB 2025:KER:27308 5 WP(C) NO. 7502 OF 2025 APPENDIX OF WP(C) 7502/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 04/08/2020 ISSUED BY THE HDB BANK Exhibit P2 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 23/07/2021 ISSUED BY THE HDB BANK Exhibit P3 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 30TH JANUARY, 2025