Kerala High Court
WP(C)/12775/2025 of NISHAD SHA S., Vs THE MANAGER, on 2 April 2025
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. 12775 OF 2025 PETITIONERS: 1 NISHAD SHA S., AGED 55 YEARS, S/O. SHAJAHAN, RESIDING AT RUKIYA MANZIL, MUSALIAR NAGAR-87,
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. 12775 OF 2025
PETITIONERS:
NISHAD SHA S.,
AGED 55 YEARS,
S/O. SHAJAHAN, RESIDING AT RUKIYA MANZIL, MUSALIAR
NAGAR-87, KILIKOLLOOR.P.O., KOLLAM, PIN – 691004.
SHAJAHAN,
AGED 73 YEARS
RESIDING AT RUKIYA MANZIL, MUSALIAR NAGAR-87, KILIKOLLOOR.P.O., KOLLAM, PIN – 691004.
BY ADVS.
S.SREEKUMAR (KOLLAM)
NAMITHA RAJESH
K.VIJAYAN
NITHYA V.D.
RESHMI SASIDHARAN
RESPONDENTS:
THE MANAGER,
CANARA BANK, KADAPPAKKADA BRANCH,
KOLLAM, PIN – 691008.
THE AUTHORISED OFFICER,
CANARA BANK, KADAPPAKKADA, KOLLAM, PIN – 691008.
SRI. M.GOPIKRISHNAN NAMBIAR, SC
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
The petitioners have approached this Court challenging the proceedings initiated against the petitioners under the provisions of the SARFAESI Act to recover amounts due under credit facilities availed by the petitioners from the respondent Bank. The sale of the property of the petitioners under the provisions of the SARFAESI Act was scheduled on 28.03.2025.
2. The learned counsel appearing for the respondent Bank submits that the sale was held on 28.03.2025 and the successful bidder has already remitted the entire amount payable by him in terms of the sale proceedings. Taking the above submission of the learned counsel appearing for the respondent Bank into consideration, I am of the view that the petitioner cannot be granted the relief sought for in this writ petition and if the petitioners are in any manner aggrieved by the proceedings initiated by the respondent Bank, it is for the petitioners to seek statutory remedies. Reserving the liberty of the petitioners to seek statutory remedies, this writ petition will stand dismissed. Sd/- GOPINATH P. JUDGE DK
APPENDIX OF WP(C) 12775/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER DATED 27.09.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE RECEIPT FOR RS.13,20,000/- REMITTED BY THE PETITIONER THROUGH THE STATE BANK OF INDIA ON 31.12.2024 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 31.12.2024 SUBMITTED TO THE 2ND RESPONDENT BANK Exhibit P4 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.01.2025 Exhibit P5 TRUE COPY OF THE SALE NOTICE DATED 21.02.2025 ISSUED BY 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE LETTER DATED 15.02.2025