2025:KER:27197 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 10237 OF 2025 PETITIONER: SREENATH M., AGED 34 YEARS, S/O. KELAPPAN, MARYANKANDI HOUSE, EACHUR- POST, KANNUR DISTRICT, PIN – 670591. BY ADVS. ASHA T.K. ARUNRAJ R. MORNY KURIAKOSE RESPONDENTS: 1 KERALA STATE CO-OPERATIVE BANK, REP BY THE BANK MANAGER, MOWANCHERY P.O., CHAKKARAKKA EVENING BRANCH, KANNUR DISTRICT, PIN – 670613. 2 AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK, KANNUR REGIONAL OFFICE, P.B. NO. 35, KANNUR DISTRICT, PIN – 670001. BY ADV M.SASINDRAN ADV.K.S.ARUN KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10237 OF 2025 2 2025:KER:27197 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. On hearing the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank, this Court on 14.03.2025 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 adjourned by two weeks on condition that the petitioner remits an amount of Rs.35,000/- within a week from today. Post on 28.03.2025.” 3. When the matter is taken up for consideration today, it is the submission of the learned counsel appearing for the respondent Bank that the petitioner has not complied with the condition imposed in the interim order dated 14.03.2025. 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 WP(C) NO. 10237 OF 2025 3 2025:KER:27197 be granted to 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. 10237 OF 2025 4 2025:KER:27197 APPENDIX OF WP(C) 10237/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF NOTICE U/S 13(2) OF SARFAESI ACT ISSUED BY THE RESPONDENTS DATED 23/06/2023 Exhibit P2 A TRUE COPY OF THE MEDICAL DOCUMENTS ISSUED FROM GOVT. MEDICAL COLLEGE KOZHIKODE DATED 14/03/2022 Exhibit P3 A TRUE COPY OF PUBLIC AUCTION NOTICE ISSUED BY THE KERALA STATE COOPERATIVE BANK DATED 03/02/2025