2025:KER:28218 WP(C) NO. 46705 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. 46705 OF 2024 PETITIONER/S: MUHAMAD SADIQUE, AGED 45 YEARS S/O. SHAMSUDEEN, PROPRIETOR M/S. DELTA CASHEW EXPORTS VIII/658, CHATHINAKULAM, KOLLAM RESIDING AT NOOR MANZIL, ROYAL NAGAR 9, KILIKOLLUR, KOLLAM ALSO AT VIKAS NAGAR, MANGAD, KOLLAM, PIN - 691015 BY ADVS. PRATHEESH.P ANJANA KANNATH MARIYA JOSE RESPONDENT/S: 1 THE BRANCH MANAGER,THE TAMILNAD MERCANTILE BANK LTD., KOLLAM BRANCH, S.M.V TOWER MAIN ROAD, KOLLAM, PIN - 691001 2 THE AUTHORIZED OFFICER, TAMILNAD MERCANTILE BANK LTD., KOLLAM BRANCH, S.M.V TOWER, MAIN ROAD, KOLLAM, PIN - 691001 BY ADVS. SAJU N.A. G.LEKHA P.J.FLONY UMA.G.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28218 WP(C) NO. 46705 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, on 21.03.2025, passed the following order:- ‘’Taking of physical possession of secured asset shall stand deferred 02.04.2025 on condition that petitioner remits a sum of Rs.5,00,000/- towards the loan liability by 5 pm on 25.03.2025. Post on 02.04.2025.’’ 3. Learned counsel appearing for the respondent bank submits that no amount has been remitted by the petitioner pursuant to the interim order dated 21.03.2025. 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:28218 WP(C) NO. 46705 OF 2024 3 APPENDIX OF WP(C) 46705/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF NOTICE U/S 13(2) OF SARFAESI ACT DATED 08.11.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 30.01.2024 U/S 13(4) OF SARFAESI ACT