Kerala High Court
WP(C)/9061/2025 of VINEETHKUMAR Vs THE AUTHORIZED OFFICER on 8 April 2025
OF 2025 1 2025:KER:31261 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. 9061 OF 2025 PETITIONER: VINEETHKUMAR AGED 55 YEARS S/O PADMANABHAN NAIR, VINEETH ESTATE (H.O.), KUTHANUR (P.O.),
WP(C) NO. 9061 OF 2025
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. 9061 OF 2025
PETITIONER:
VINEETHKUMAR
AGED 55 YEARS
S/O PADMANABHAN NAIR, VINEETH ESTATE (H.O.), KUTHANUR
(P.O.), PALAKKAD, PIN - 678721
BY ADVS.
SARATH M.S.
GOKUL DEVIS
ATHUL KRISHNA A.
MOHAMMED SHAD K.A.
HARIDAS R.
RESPONDENTS:
THE AUTHORIZED OFFICER
KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, PALAKKAD, H.P.O. ROAD, SULTHANPET, PALAKKAD ., PIN - 678001
KERALA STATE CO-OPERATIVE BANK LTD.
REGIONAL OFFICE, PALAKKAD, H.P.O. ROAD, SULTHANPET, PALAKKAD , REPRESENTED BY ITS AUTHORIZED OFFICER., PIN
- 678001
BY ADV K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9061 OF 2025
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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 06.03.2025 passed the following order: “Standing Counsel takes notice for the respondents.
2. There will be an interim order staying confirmation of sale pursuant to Ext.P1 for a period of one month on condition that the petitioner shall remit an amount of ₹5 lakhs on or before 31.03.2025. Post on 03.04.2025.”
2. The learned counsel appearing for the respondent bank submits that despite several opportunities granted to the petitioner the petitioner has not paid any amount pursuant to the interim order dated 06.03.2025.
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 WP(C) NO. 9061 OF 2025
option but to dismiss this Writ Petition. This Writ Petition is dismissed accordingly. sd/- GOPINATH P. JUDGE Nsdp
WP(C) NO. 9061 OF 2025
APPENDIX OF WP(C) 9061/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 23.01.2025