2025:KER:27708 W.P (C) No.8311/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 8311 OF 2025 PETITIONER/S: AJITH V.S., AGED 44 YEARS S/O. SANKARAN NAIR, VIJAYABHAVAN (HOUSE), MANTHURUTHY (P.O.), KOTTAYAM, PIN - 686605 BY ADV AJITH M. JIJI RESPONDENT/S: THE KERALA STATE CO-OPERATIVE BANK LTD., REP. BY THE AUTHORIZED OFFICER, KOTTAYAM REGIONAL OFFICE, P.B. NO.140, CENTRAL JUNCTION, KOTTAYAM, PIN - 686001 BY ADVS. ATHUL SHAJI GAUTHAM H.(K/000905/2024) ANJALY T.A(K/1694/2020) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27708 W.P (C) No.8311/2025 -2- J U D G M E N T Petitioner has approached this Court challenging proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) to recover the amounts due under credit facilities availed by the petitioner from the respondent bank. After hearing the learned counsel for the petitioner the learned counsel for the respondent bank, this court on 03-03-2025 this court passed the following order:- “The learned counsel for the respondent bank seeks time to get instructions. Taking of physical possession of the secured asset shall stand deferred by a period of two weeks on condition that the petitioner remits a sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) towards the loan liability within a period of ten days from today. Post on 14-03-2025.” 2. When the matter is taken up for consideration today, it is the submission of the learned counsel for the respondent bank that the petitioner has not remitted any amount pursuant to the interim order dated 03-03- 2025. 3. 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 2025:KER:27708 W.P (C) No.8311/2025 -3- 03-03-2025, 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 AMG 2025:KER:27708 W.P (C) No.8311/2025 -4- APPENDIX OF WP(C) 8311/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 01.03.2024 Exhibit P2 A TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY THE ADVOCATE COMMISSIONER