Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 7729 OF 2025 2025:KER:27444 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 7729 OF 2025 PETITIONER:
DEEPA T., AGED 47 YEARS W/O. MADHU, MADHU BHAVAN, PACHAKAD IRUMBA, ARUVIKKARA P.O., THIRUVANTHAPURAM DISTRICT, PIN - 695564 BY ADV NAVEEN RADHAKRISHNAN RESPONDENT:
AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD., ARUVIKKARA BRANCH, NEDUMANGADU TALUK, THIRUVANTHAPURAM DISTRICT, PIN - 695596 BY ADV THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7729 OF 2025 2025:KER:27444 JUDGMENT The petitioner has approached this court challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act to recover the amounts due under credit facilities availed by the petitioner from the respondent bank. On 27.02.2025, this Court passed the following order:
“The petitioner shall serve a copy of this writ petition on Adv.Thomas Abraham for the respondent Bank. Taking of physical possession shall stand adjourned by a period of two weeks on condition that the petitioner remits a sum of Rs.75,000/- (Rupees seventy five thousand only) towards the loan liability within a period of one week from today (27.02.2025). Post on 13.03.2025.”
2. Thereafter when the matter came up for consideration on 13.03.2025, the matter was adjourned to be listed today. The learned counsel appearing for the respondent bank submits that no amount has been remitted by the petitioner in terms of the interim order dated
27.02.2025.
3. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act and unless the borrowers were to demonstrate bona fides, it will not be proper for this Court to grant any relief including the relief of repayment in installments. Since the petitioners have not demonstrated bona fides, I have no option but to dismiss this Writ Petition. This Writ Petition is thus dismissed. sd/- GOPINATH P. JUDGE Nsd
WP(C) NO. 7729 OF 2025 2025:KER:27444 APPENDIX OF WP(C) 7729/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER BY THE HONBLE CJM COURT THIRUVANTHAPURAM DATED 13.1.2025 Exhibit -P2 THE TRUE COPY OF THE EMAIL NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 15.02.2025