2025:KER:28906 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 8240 OF 2025 PETITIONER/S: SHAFI, AGED 47 YEARS S/O. ABOOBACKER, RESIDING AT MARA HOUSE, 4TH MILE, CHENGALA POST, KASARAGOD DISTRICT, PIN - 671541 BY ADVS. C.K.SREEJITH SUDHEESH KUMAR M.S. SHAMEENA K.U. JOY JOHN (POTTAKKATTIL) KOZHIPURATH PRASEETHA GOPALAKRISHNAN RESPONDENT/S: 1 THE AUTHORIZED OFFICER, SOUTH INDIAN BANK LTD., REGIONAL OFFICE, FIRST FLOOR, SIB HOUSE, CHALADALAVIL ROAD, CHALAD, KANNUR, PIN - 670014 2 THE MANAGER, SOUTH INDIAN BANK LTD., HEAD OFFICE: SIB HOUSE, T.B. ROAD, P.B. NO.28, THRISSUR, PIN - 680001 2025:KER:28906 W.P.(C)No.8240 of 2025 2 BY ADV RASHMI.K.V THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28906 W.P.(C)No.8240 of 2025 3 JUDGMENT The petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act. 2. After considering the submissions made before this Court by the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, this Court, on 10.03.2025, passed the following order; “The learned counsel appearing for the respondent Bank submits that the petitioner is clearly guilty of suppression of material facts. It is submitted that the loan account was settled in a Lok Adalat held at the Debts Recovery Tribunal – 1, Ernakulam on 05.02.2024 for a sum of Rs.62 lakhs and no amount was paid by the petitioner pursuant to that settlement. It is submitted that the liability as on 03.03.2025 is Rs.94.92 lakhs. It is submitted that notwithstanding the above, if the petitioner pays an amount of Rs.30 lakhs towards the loan liability by the end of March 2025, the Bank can consider granting limited instalments to settle the balance liability. The learned counsel appearing for the petitioner submits that the petitioner will attempt to pay the amount of Rs.30 lakhs by 28.03.2025. Taking the aforesaid submissions in to consideration, 2025:KER:28906 W.P.(C)No.8240 of 2025 4 this matter is adjourned to be listed on 03.04.2025. It is made clear that unless the petitioner remits a sum of Rs.30 lakhs towards the loan liability by 28.03.2025, the writ petition will be dismissed on the ground that the petitioner has not demonstrated any bona fides.” 3. When the matter is taken up for consideration today, it is the submission of the learned counsel appearing for the respondent bank that no amount has been paid by the petitioner pursuant to the interim order dated 10.03.2025. This court exercises very limited jurisdiction in matters arising under the SARFAESI Act and since the petitioner has failed to show bona fides by complying with the condition imposed in the interim order dated 10.03.2025, I am of the view that the petitioner is not entitled to any relief under Article 226 of the Constitution of India. This writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE Scl/ 2025:KER:28906 W.P.(C)No.8240 of 2025 5 APPENDIX OF WP(C) 8240/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MEMORANDUM OF APPEAL IN CRL.A. NO. 94/2023 ON THE FILE OF COURT OF SESSIONS, KASARAGOD Exhibit P2 THE TRUE COPY OF THE E-AUCTION SALE NOTICE ISSUED DT. 10/2/2025