Kerala High Court
WP(C)/46705/2024 of MUHAMAD SADIQUE, Vs THE BRANCH MANAGER, on 2 April 2025
WP(C) NO. 46705 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 46705 OF 2024 PETITIONER/S: MUHAMAD SADIQUE, AGED 45 YEARS S/O. SHAMSUDEEN, PROPRIETOR M/S. DELTA CASHEW
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 46705 OF 2024
PETITIONER/S:
MUHAMAD SADIQUE, AGED 45 YEARS
S/O. SHAMSUDEEN, PROPRIETOR M/S. DELTA CASHEW EXPORTS
VIII/658, CHATHINAKULAM, KOLLAM
RESIDING AT NOOR MANZIL, ROYAL NAGAR 9, KILIKOLLUR, KOLLAM ALSO AT VIKAS NAGAR, MANGAD, KOLLAM, PIN - 691015
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
MARIYA JOSE
RESPONDENT/S:
THE BRANCH MANAGER,THE TAMILNAD MERCANTILE BANK LTD., KOLLAM BRANCH, S.M.V TOWER MAIN ROAD, KOLLAM, PIN - 691001
THE AUTHORIZED OFFICER,
TAMILNAD MERCANTILE BANK LTD., KOLLAM BRANCH, S.M.V
TOWER, MAIN ROAD, KOLLAM, PIN - 691001
BY ADVS.
SAJU N.A.
G.LEKHA
P.J.FLONY
UMA.G.KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
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.
2. This Court, on 21.03.2025, passed the following order:- ‘’Taking of physical possession of secured asset shall stand deferred 02.04.2025 on condition that petitioner remits a sum of Rs.5,00,000/- towards the loan liability by 5 pm on 25.03.2025. Post on 02.04.2025.’’
3. Learned counsel appearing for the respondent bank submits that no amount has been remitted by the petitioner pursuant to the interim order dated 21.03.2025.
4. This Court exercises limited jurisdiction in matters arising under the SARFAESI Act and in cases, where the borrowers do not demonstrate bona fides by depositing any amount, that is directed to be paid, it is not possible to grant any relief in a writ petition under Article 226 of the Constitution of India. Therefore, on the ground that the petitioner has not demonstrated bona fides, this writ petition will stand dismissed, Sd/- GOPINATH P. , JUDGE ajt
APPENDIX OF WP(C) 46705/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF NOTICE U/S 13(2) OF SARFAESI ACT DATED 08.11.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 30.01.2024 U/S 13(4) OF SARFAESI ACT