Kerala High Court
WP(C)/10488/2025 of BHASI N B, Vs CANARA BANK, on 3 April 2025
W.P (C) No.10488/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 10488 OF 2025 PETITIONER/S: BHASI N B, AGED 55 YEARS NANDANAM,CHUNAKARA NORTH P.O., CHARUMOODU, ALAPPUZHA,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 10488 OF 2025
PETITIONER/S:
BHASI N B,
AGED 55 YEARS
NANDANAM,CHUNAKARA NORTH P.O.,
CHARUMOODU, ALAPPUZHA, PIN - 690534
BY ADVS.
BALASUBRAMANYAN
PRIYANKA SUSAN RAJU
VAISAKH J.
MUHAMMED ASHIK K.A.
RESPONDENT/S:
CANARA BANK,
CANARA BANK, CHARUMMOODU BRANCH, ALAPPUZHA REPRESENTED
BY ITS AUTHORIZED OFFICER, CANARA BANK, REGIONAL
OFFICE, GROUND FLOOR, BSNL BUILDING, ALAPPUZHA, PIN - 688001
OTHER PRESENT:
SRI.M.GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Petitioner has approached this Court challenging proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) to recover the amounts due under credit facilities availed by the petitioner from the respondent bank. This court on 20-03- 2025 passed the following order:- “Learned Standing Counsel seeks time to get instructions. Post on 03.04.2025. Taking of physical possession shall stand adjourned till 03.04.2025 on condition that the petitioner shall remit a sum of Rs.1,00,000/- (Rupees One lakh only) towards the loan liability on or before 28.03.2025.”
2. When the matter is taken up for consideration today, it is the submission of the learned counsel for the respondent bank that no amount has been remitted by the petitioner pursuant to the interim order dated 20-03-2025.
3. 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 20-03-2025, 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 AMG
APPENDIX OF WP(C) 10488/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE STATEMENT OF ACCOUNT OF THE PETITIONER FOR GENERAL AND AGRI ADVANCES ISSUED BY THE 1ST RESPONDENT Exhibit P2 THE TRUE COPY OF THE SALE NOTICE DATED 27.12.2024 ISSUED BY THE 1ST RESPONDENT BANK Exhibit P3 THE TRUE COPY OF THE ORDER DATED 31.01.2025 OF CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA IN MC NO. 73 OF 2025 Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 19.02.2025