WP(C) NO. 9943 OF 2025 1 2025:KER:29364 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 9943 OF 2025 PETITIONER: NITHIN THANKACHAN, AGED 37 YEARS S/O. THANKACHAN, MANTHIYATHU THEKKATHIL, CHERUKUNNAM, KALLUMALA P.O., MAVELIKKARA, ALAPPUZHA, PIN - 689110 BY ADVS. ALEX K.JOHN JILCY JACOB NINAN THOMAS GEGO GEORGE RESPONDENT: THE AUTHORIZED OFFICER, UNION BANK OF INDIA, MAVELIKKARA BRANCH, ANUPAM COMPLEX, MAVELIKKARA, ALAPPUZHA, PIN - 690101 BY ADVS. ASP.KURUP SADCHITH.P.KURUP(K/1419/2002) SIVA SURESH(K/2688/2022) B.SREEDEVI(K/169/2024) ATHIRA VIJAYAN(K/199/2024) C.P.ANIL RAJ(K/872/2007) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9943 OF 2025 2 2025:KER:29364 JUDGMENT Petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act to recover amounts due under credit facilities availed by the petitioner from the respondent bank. 2. This court on 21.03.2025 noticed the submission made by the learned counsel appearing for the respondent bank that this is the 3rd round of litigation at the instance of the petitioner and passed the following interim order: “The learned counsel appearing for the respondent Bank submits that this is the 3rd round of litigation at the instance of the petitioner and though technically this writ petition is not maintainable, if the petitioner pays a substantial amount by 28.03.2025, this Court may consider granting some instalments to the petitioner to clear the balance liability. The learned counsel for the petitioner submits that the petitioner will pay a substantial amount by 28.03.2025. Taking into consideration the aforesaid submissions, it is directed that if the petitioner pays a sum of Rs.1,00,000/- (Rupees one lakh only) towards the loan liability by 28.03.2025, the taking of physical possession of the secured asset shall be deferred till 02.04.2025. Post on 02.04.2025.” 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 remitted by the petitioner pursuant to the interim order dated 21.03.2025 and considering that fact that this is the 3rd round of litigation at the instance of the petitioner no further indulgence can be shown to the petitioner. WP(C) NO. 9943 OF 2025 3 2025:KER:29364 4. Learned counsel appearing for the petitioner would submit that the mother of the petitioner is suffering from cancer and if some further time is granted to the petitioner, the petitioner will pay the amount imposed as a condition of stay in the order dated 21.03.2025. 5. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that in the facts and circumstances noticed above, no further relief can be granted to the petitioner. Moreover this is the 3rd round of litigation at the instance of the petitioner. 6. 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 petitioner has not demonstrated bona fides,, I have no option but to dismiss this Writ Petition. This Writ Petition is accordingly dismissed. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 9943 OF 2025 4 2025:KER:29364 APPENDIX OF WP(C) 9943/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 22.02.2023 OF W.P.(C).NO.6006/2023 OF THIS HON’BLE COURT Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 27.02.2024 OF W.P.(C).NO.7246/2024 OF THIS HON’BLE COURT Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE UNION BANK OF INDIA DATED 30.01.2025 FOR THE AMOUNT OF RS.2,00,000/- Exhibit P4 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 03.01.2025 Exhibit P5 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 17.02.2025