2025:KER:31455 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 11255 OF 2025 PETITIONERS: 1 BICHABI P.T., AGED 49 YEARS, W/O. MAJEED V., PUZHATHINDATH HOUSE, MOOZHIKKAL, CHELAVOOR P.O., KOZHIKODE DISTRICT, PIN – 673572. 2 FASIL P.T., AGED 32 YEARS, S/O. MAJEED V., PUZHATHINDATH HOUSE, MOOZHIKKAL, CHELAVOOR P.O., KOZHIKODE DISTRICT, PIN – 673572. BY ADVS. P.J.JUSTINE C.H.ABDUL RASAC RESPONDENTS: 1 THE KARNATAKA BANK, ASSET RECOVERY MANAGEMENT BRANCH, 3RD FLOOR, KARNATAKA BANK BUILDING, KODIALBAIL, MANGALURU, REP. BY ITS CHIEF MANAGER/AUTHORIZED OFFICER, PIN – 575003. 2 THE KARNATAK BANK LTD., KOZHIKODE BRANCH,1ST FLOOR, JAYANTHI BUILDING, PALAYAM, KOZHIKODE, REP. BY ITS BRANCH MANAGER, PIN – 673001. BY ADV A.DINESH RAO, SC HIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11255 OF 2025 2 2025:KER:31455 JUDGMENT The 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 on 20.03.2025, passed the following order:- “Issue notice before admission by speed post to the respondents. Post on 04.04.2025. Taking of physical possession shall stand adjourned till 04.04.2025 on condition that the petitioners remit a sum of Rs.2 lakhs towards the loan liability on or before 28.03.2025.” 3. The learned counsel appearing for the respondent Bank submits that no amount has been remitted by the petitioners pursuant to the interim order dated 20.03.2025. It is pointed out that as per Ext.P2 sale notice, the amount due as on 30.10.2024 was Rs.31,49,545.58. It is submitted that since the petitioners have not shown bona fides, the writ petition may be dismissed. WP(C) NO. 11255 OF 2025 3 2025:KER:31455 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 the petitioners as the petitioners have not proved their bona fides. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 11255 OF 2025 4 2025:KER:31455 APPENDIX OF WP(C) 11255/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 12.02.2025 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P2 TRUE COPY OF THE SALE NOTICE DATED 30.10.2024