2025:KER:26690 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. 10049 OF 2025 PETITIONER: SUNIL DUTH T.S, AGED 41 YEARS, S/O. THYAGARAJAN,SANTHI SADANAM, MARATHAKIDI, MULAYARA P.O, THIRUVANANTHAPURAM, PIN – 695543. BY ADVS. R.SUNIL KUMAR A.SALINI LAL JINU P. BINU D.JUSTIN S.ANIL (PADINJAREKOTA) RESPONDENTS: 1 AUTHORISED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD (ERSTWHILE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD), REGIONAL OFFICE, EAST FORT, FORT.PO, THIRUVANANTHAPURAM, PIN – 695023. 2 THE KERALA STATE CO-OPERATIVE BANK LTD, PEYAD BRANCH,REPRESENTED BY ITS BRANCH MANAGER , PADMA, POST OFFICE BUILDING, PEYAD, THIRUVANANTHAPURAM, PIN – 695573. BY ADV THOMAS ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10049 OF 2025 2 2025:KER:26690 JUDGMENT The 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. After hearing the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank, this Court on 13.03.2025 passed the following order:- “Post on 27-03-2025. The learned counsel appearing for the respondent bank seeks time to get instructions. In the meantime, taking of physical possession of the secured asset shall stand deferred till 27-03-2025 on condition that the petitioner remits a sum of Rs.2,00,000/- (Rupees Two Lakhs only) towards the loan liability within a period of ten days from today.” 3. When the matter is taken up for consideration today, it is the submission of the learned counsel for the respondent Bank that no amount has been remitted by the petitioner pursuant to the interim order dated 13.03.2025. 4. Considering the fact that this Court exercises very limited jurisdiction in the matter of challenge to proceedings under the SARFAESI Act, I am of the view that no further relief can be granted to WP(C) NO. 10049 OF 2025 3 2025:KER:26690 the petitioner as the petitioner has not proved his bonafides. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 10049 OF 2025 4 2025:KER:26690 APPENDIX OF WP(C) 10049/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER ISSUED BY THE ADVOCATE COMMISSIONER DATED 4/2/2025 (WITHOUT DOCUMENTS)