2025:KER:27594 WP(C) NO. 10867 OF 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. 10867 OF 2025 PETITIONER/S: 1 DAMODARAN NAIR K.V., AGED 67 YEARS S/O. KUNHIKANNAN NAIR, KATTOOR HOUSE, THADIYAN KOVVAL, UDINOOR VILLAGE, KASARAGOD DISTRICT, PIN - 671310 2 RATHI M., AGED 58 YEARS W/O. DAMODARAN NAIR K.V., KATTOOR HOUSE, THADIYAN KOVVAL, UDINOOR VILLAGE, KASARAGOD DISTRICT, PIN - 671310 BY ADV P.K.SUBHASH RESPONDENT/S: 1 BANK OF BARODA, THRIKKARIPUR BRANCH, THRIKKARIPUR VILLAGE, KASARAGOD DISTRICT, REPRESENTED BY ITS MANGER, PIN - 671314 2 AUTHORISED OFFICER, BANK OF BARODA, THRIKKARIPUR BRANCH, THRIKKARIPUR VILLAGE, KASARAGOD DISTRICT, PIN - 671314 SMT. R. REMA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27594 WP(C) NO. 10867 OF 2025 2 JUDGMENT Petitioners have approached this Court, challenging the proceedings initiated against the petitioners under the provisions of the SARFAESI Act to recover amounts due under credit facilities availed by the petitioners from the respondent bank. 2. This Court, after hearing the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, and considering the fact that nearly Rs.60,04,000/- was the balance outstanding amount in the two cash credit facilities, on 18.03.2025, passed the following order:- ‘’Learned counsel appearing for the respondent bank to file a statement. Post on 25.03.2025. Taking of physical possession of the secured asset shall stand adjourned till 25.03.2025 on condition that the petitioner remits a sum of Rs.5,00,000/- (Rupees Five lakh only) towards the loan liability by 05.00 pm on 24.03.2025. 3. Learned counsel appearing for the respondent bank submits that though the petitioners remitted a sum of Rs.3 lakh, they have not complied with the terms of the interim order, even though this court granted several opportunities to the petitioners to comply with the condition imposed in the interim order. 2025:KER:27594 WP(C) NO. 10867 OF 2025 3 4. This Court exercises limited jurisdiction in matters arising under the SARFAESI Act and in cases, where the borrowers do not demonstrate bona fides by depositing any amount, that is directed to be paid, it is not possible to grant any relief in a writ petition under Article 226 of the Constitution of India. Therefore, on the ground that the petitioner has not demonstrated bona fides, this writ petition will stand dismissed. Sd/- GOPINATH P. JUDGE ajt 2025:KER:27594 WP(C) NO. 10867 OF 2025 4 APPENDIX OF WP(C) 10867/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 05.03.2024 ISSUED BY THE FIRST RESPONDENT BANK UNDER SECTION 13(2) OF THE SARFAESI ACT, 2002 Exhibit P2 TRUE COPY OF DEMAND NOTICE ISSUED UNDER SECTION 13(2) OF SARFAESI ACT Exhibit P3 TRUE COPY OF THE PETITION FILED BY THE RESPONDENT UNDER SECTION 14 OF THE SARFAESI ACT, 2002