Kerala High Court
WP(C)/12448/2025 of SATHEESAN P.K., Vs CANARA BANK, on 7 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12448 OF 2025 PETITIONER: SATHEESAN P.K., AGED 54 YEARS, S/O. KRISHNAN NAIR, PANNONA HOUSE, ORAVIL P.O., NADUVANNUR, KOZHIKODE, PIN
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WP(C) NO. 12448 OF 2025
PETITIONER:
SATHEESAN P.K.,
AGED 54 YEARS, S/O. KRISHNAN NAIR,
PANNONA HOUSE, ORAVIL P.O., NADUVANNUR,
KOZHIKODE, PIN – 673 614.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
P.JAHANGEER
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
CANARA BANK,
REPRESENTED BY ITS BRANCH MANAGER,
BALUSSERY BRANCH, IV/406-A MAIN ROAD,
BALUSSERY S.O., KOZHIKODE, PIN – 673 612.
BRANCH MANAGER,
CANARA BANK, BALUSSERY BRANCH,
IV/406-A MAIN ROAD, BALUSSERY S.O., KOZHIKODE, PIN – 673 612.
AUTHORIZED OFFICER,
CANARA BANK, REGIONAL OFFICE, R & L SECTION, REGIONAL OFFICE BUILDING, TALISAMOOHAM ROAD, CHALAPPURAM, KOZHIKODE, PIN – 673 002.
BY ADV. M.GOPIKRISHNAN NAMBIAR (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2025, 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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to recover amounts due under credit facilities availed by the petitioner from the respondent bank.
2. Having heard the contentions raised by the learned counsel for the petitioner and the learned counsel for the respondent bank, this Court on 26-03-2025 passed the following order: “The learned counsel for the respondent Bank to file a statement. Taking of physical possession of the secured asset shall stand adjourned till 07.04.2025 subject to the condition that the petitioner remits a sum of Rs.10 lakhs towards the loan liability by 05.04.2025. Post on 07.04.2025”.
3. The learned counsel appearing for the respondent bank submits that no amount has been remitted by the petitioner pursuant to the interim order dated 26-03-2025.
4. This court exercises very limited jurisdiction in matters arising under the SARFAESI Act, and since the petitioner has failed to show bona fides by complying with the condition imposed in the interim order dated 26-03-2025, I am of the view that the petitioner is not entitled to any relief under Article 226 of the Constitution of India. Writ petition fails and it is accordingly dismissed.
Sd/- GOPINATH P. JUDGE ats
APPENDIX OF WP(C) 12448/2025 PETITIONER’S EXHIBITS Exhibit P1 A COPY OF THE SALE NOTICE DATED 07.03.2024 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 A COPY OF THE NOTICE DATED 17.03.2025 ISSUE BY THE ADVOCATE COMMISSIONER. Exhibit P3 A COPY OF THE PROCEEDINGS BEFORE THE PRESIDING OFFICER DATED 08.01.2025 IN SA NO. 1000/2024. Exhibit P4 A COPY OF THE BANK RECEIPT DATED 18.1.2025 FOR PAYMENT OF AN AMOUNT OF RS.7,50,000/-. Exhibit P5 A COPY OF THE PROCEEDINGS BEFORE THE PRESIDING OFFICER DATED 28.01.2025 IN SA NO. 1000/2024.