Kerala High Court

WP(C)/10037/2025 of SASIKUMAR B, Vs KOTTARAKKARA COOPERATIVE URBAN BANK LTD. NO.1909, on 4 April 2025

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 10037 OF 2025 PETITIONER/S: SASIKUMAR B, AGED 62 YEARS S/O BHASKARAN ACHARY, KISHAKKEBHAGATHU VEEDU, MYLOM,PALLICKAL P.O., KOTTARAKKARA, KOLLAM

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947

WP(C) NO. 10037 OF 2025

PETITIONER/S:

SASIKUMAR B,

AGED 62 YEARS

S/O BHASKARAN ACHARY, KISHAKKEBHAGATHU VEEDU, MYLOM,PALLICKAL P.O., KOTTARAKKARA, KOLLAM

DISTRICT, PIN - 691566

BY ADV A.SANIL KUMAR

RESPONDENT/S:

KOTTARAKKARA COOPERATIVE URBAN BANK LTD. NO.1909, REPRESENTED BY ITS BRANCH MANAGER,PULAMON BRANCH, PULAMON JUNCTION,KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691531

AUTHORISED OFFICER,

KOTTARAKKARA COOPERATIVE URBAN BANK LTD.

NO.1909,HIGH SCHOOL JUNCTION, KOTTARAKKARA P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506

BY ADV Swapna Vijayan

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 04.04.2025, 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.

2. After considering the submissions made before this Court by the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, this Court, on 14.03.2025, passed the following order; “Notice before admission by speed post to the respondents. Taking of physical possession shall stand adjourned for a period of two weeks on condition that petitioner remits a sum of Rs.35,000/- towards loan liability within a period of ten days from today (14.03.2025). .”

3. When the matter is taken up for consideration today, it is the submission of the learned counsel appearing for the respondent bank that no amount has been paid by the petitioner pursuant to the interim order dated 14.03.2025. 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 14.03.2025, I am of the view that the petitioner is not entitled to any relief under Article 226 of the Constitution of India. This writ petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P. JUDGE Scl/

APPENDIX OF WP(C) 10037/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 17.02.2025 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 13(4) OF THE SARFAESI ACT

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