2025:KER:28214 WP(C) NO. 46512 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 46512 OF 2024 PETITIONER/S: HARIDAS P., AGED 58 YEARS S/O. PONNAPPAN NAIR, MANGALATH HOUSE, PUTHOOR VAYAL, KALPETTA MUNICPALITY, KOTTAPADI, VYTHIRI TK., WAYANAD, PIN - 673121 BY ADVS. ADARSH KUMAR K.M.ANEESH RESPONDENT/S: 1 HDFC BANK ,REPRESENTED BY THE BRANCH MANAGER, BRANCH KALPETTA, ADDRESS KALPETTA ARCADE, KALPETTA, WAYANAD, PIN - 673121 2 THE DISTRICT COLLECTOR, WAYANAD COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT, PIN - 673121 BY ADVS. B.J.JOHN PRAKASH P.PRAMEL SOORAJ M.S. VARSHA VIJAYAKUMAR NAIR MANU BABY RAJASREE K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28214 WP(C) NO. 46512 OF 2024 2 JUDGMENT 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. This Court, vide interim order dated 27.12.2024, granted an interim stay which was extended from time to time till 11.03.2025. When this matter came up for consideration on 11.03.2025, this Court directed that the interim order will continue only subject to the condition that the petitioner will pay a sum of Rs.15 lakh within a period of ten days from 11.03.2025. Thereafter, when this matter came up for consideration on 24.03.2025, considering the submission made by the learned counsel appearing for the petitioner that the amount directed to be paid as per the interim order dated 11.03.2025 will be paid by today (02.04.2025), the matter was adjourned to be listed today. Even today, it is the submission of the learned counsel appearing for the petitioner that the petitioner will pay the amount directed to be paid as a condition for the interim order, if one more week time is granted. 2025:KER:28214 WP(C) NO. 46512 OF 2024 3 3. Learned counsel appearing for the respondent bank submits that the petitioner has clearly not shown bona fides and therefore, not entitled to any relief in the exercise of discretionary jurisdiction vested in this Court under Article 226 of the Constitution of India . 4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, I am of the opinion that the petitioner cannot be granted any relief. 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:28214 WP(C) NO. 46512 OF 2024 4 APPENDIX OF WP(C) 46512/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ADVOCATE COMMISSIONERS NOTICE DATED 5.12.2024 RESPONDENT EXHIBITS EXHIBIT-R1 True copy of the postal receipts and AD cards evidencing due service of demand notice on the borrower and the guarantor EXHIBIT-R2 True copy of the postal receipts and AD cards evidencing due service of Section 13 (4) possession notice on the borrower and the guarantor. EXHIBIT-R3 True copy of the paper publication with respect to Section 13 (4) Possession Notice.