Kerala High Court
WP(C)/45767/2024 of ABDULLA C K, Vs THE NILAMBUR CO-OPERATIVE URBAN BANK LTD. NO.F1043, on 8 April 2025
OF 2024 1 2025:KER:31264 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 45767 OF 2024 PETITIONER: ABDULLA C K, AGED 66 YEARS S/O MOHAMMED HAJI,PALAKKAL VETTA P O,MALAPPURAM DISTRICT, PIN
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 45767 OF 2024
PETITIONER:
ABDULLA C K,
AGED 66 YEARS
S/O MOHAMMED HAJI,PALAKKAL VETTA P O,MALAPPURAM
DISTRICT, PIN - 679327
BY ADV P.M.POULOSE
RESPONDENT:
THE NILAMBUR CO-OPERATIVE URBAN BANK LTD. NO.F1043, NILAMBUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS
ASSISTANT GENERAL MANAGER/AUTHORIZED OFFICER, PIN - 679329
BY ADVS.
RAMESH BABU T
C.K.SREEJITH(K/2048/1999)
NIMISHA P. SHANMUGHAN(K/000856/2022)
KOZHITURATH PRASEETHA GOPALAKRISHNAN(K/706/2005)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The 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. This court, after considering the submissions of the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, on 20.12.2024, passed the following order: “Admit. Issue notice by speed post to respondent. Taking of physical possession of the secured asset shall stand adjourned till 13- 01-2025 on condition that the petitioner remits a sum of Rs.2,00,000/- towards loan liability on or before 31-12-2024. Post on 13-01-2025.”
2. The learned counsel appearing for the respondent bank submits that despite several opportunities being granted to the petitioner, the petitioner has not paid any amount pursuant to the interim order dated 20-12-2024.
3. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act and unless the borrowers were to demonstrate bona fides, it will not be proper for this Court to grant any relief including the relief of repayment in installments. Since the petitioner has not demonstrated bona fides, I have no option but to dismiss this Writ Petition. This Writ Petition is dismissed accordingly. sd/- GOPINATH P. JUDGE Nsd
APPENDIX OF WP(C) 45767/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE REF. 1918/NCUB/TVR/01603440000061 DATED 15.1.2024 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE REPRESENTATION NIL DATED SUBMITTED BY PETITIONER TO THE RESPONDENT Exhibit P3 TRUE COPY OF THE NOTICE DATED 22.11.2024 ISSUED TO THE PETITIONER BY ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI IN M.C. NO.1149/2024 ALONG WITH TRUE LEGIBLE TYPED COPY