2025:KER:29275 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 12766 OF 2025 AGAINST THE ORDER DATED 22.02.2025 IN CMP No.737/2025 IN MC NO.156 OF 2025 OF CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA PETITIONER: C PRAMOD KUMAR AGED 56 YEARS, SON OF MR. V.C DAS, RESIDING AT VYSHAM PARAMBIL, PATHIRAPALLY (PO), ALAPUZHA DISTRICT, PIN – 688 521. BY ADVS. SHAJI CHIRAYATH JIJI M. VARKEY M.K.SAFEELA BEEVI SAVITHA GANAPATHIYATAN M.M.SHAJAHAN RESPONDENTS: 1 INDIAN OVERSEAS BANK CENTRAL OFFICE, 762/763, IOB, ANNA SALAI, CHENNAI, TAMIL NADU-REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER, PIN – 600 002. 2 AUTHORISED OFFICER INDIAN OVERSEAS BANK, ALAPPUZHA BRANCH, V.S.V BUILDINGS, CCNB ROAD, ALAPPUZHA DISTRICT REPRESENTED BY ITS MR. V. SATHEESH KUMAR, PIN – 688 011. BY ADVS. SUNIL SHANKAR (SC) VIDYA GANGADHARAN(K/000424/2020) DEVAYANI NAIR T.H.(K/1531/2019) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29275 WP(C) 12766/2025 2 JUDGMENT The petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), primarily raising a contention that since there is no registration as contemplated by the provisions of Section 26D of the SARFAESI Act, the respondent bank cannot continue with the proceedings under the SARFAESI Act against the petitioner. 2. The learned counsel appearing for the respondent bank has placed before me documents which would prima facie suggest that the bank had obtained a registration as contemplated by Section 26D of the SARFAESI Act. 3. The learned counsel appearing for the petitioner vehemently submits that the registration now stated to have been obtained does not meet the requirements of Section 26D of the SARFAESI Act insofar as it relates to the property of the petitioner. 2025:KER:29275 WP(C) 12766/2025 3 4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that in the nature of the disputes raised between the parties, it is not within the province of this Court to adjudicate the rival contentions and to take a decision as to whether the respondent bank had obtained registration under Section 26D of the SARFAESI Act prior to proceeding with the action under the SARFAESI Act. Therefore, reserving the liberty of the petitioner to challenge the proceedings by availing statutory remedies before the Debts Recovery Tribunal, this writ petition will stand dismissed. The coercive steps initiated against the petitioner shall remain suspended for a period of ten days to enable the petitioner to avail statutory remedies. Sd/- GOPINATH P. JUDGE ats 2025:KER:29275 WP(C) 12766/2025 4 APPENDIX OF WP(C) 12766/2025 PETITIONER’S EXHIBITS Exhibit P1 COPY OF THE NOTICE DATED 07TH MARCH 2025 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit P2 COPY OF CRIMINAL MISCELLANEOUS PETITION NO. 737 OF 2025 DATE NIL ON THE CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA DATE NIL Exhibit P3 COPY OF THE AFFIDAVIT ALONG WITH EXHIBIT P2 DATE NIL Exhibit P4 COPY OF THE DEMAND NOTICE DATED 05TH DECEMBER 2021 Exhibit P5 COPY OF THE SAID POSSESSION NOTICE DATED 28TH MAY 2022 Exhibit P6 COPY OF THE SAID ORDER DATED 22ND FEBRUARY 2025 IN CRIMINAL MISCELLANEOUS PETITION NO. 737 OF 2025 IN IN MISCELLANEOUS CASE NO. 156 OF 2025 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA Exhibit P7 COPY OF THE SEARCH REPORT BASED ON SECURITY INTEREST ID BASED SEARCH REPORT DATED 10TH MARCH 2025 ISSUED BY THE REGISTRAR OF CENTRAL REGISTRY OF SECURITIZATION OF ASSETS RECONSTRUCTION OF SECURITY INTEREST OF INDIA Exhibit P8 LOAN AGREEMENT DATE NIL IN THE YEAR 2020 FOR A SUM OF RS.7,00,000/- Exhibit P9 LOAN AGREEMENT DATED 31ST MAY 2021 FOR A SUM OF RS. 3,80,000/- Exhibit P10 LOAN AGREEMENT DATED 19TH AUGUST 2021 FOR A SUM OF RS.1,00,000/-