Kerala High Court
WP(C)/9316/2025 of KUNIYIL SREEJA, Vs CHOLAMANDALAM INVESTMENT AND FINANCE, E COMPANY on 2 April 2025
OF 2025 1 2025:KER:29341 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. 9316 OF 2025 PETITIONER: KUNIYIL SREEJA, AGED 47 YEARS W/O. MANOJ, SWAPNAKUDU,KOLASSERY, P.O,
WP(C) NO. 9316 OF 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. 9316 OF 2025
PETITIONER:
KUNIYIL SREEJA,
AGED 47 YEARS
W/O. MANOJ, SWAPNAKUDU,KOLASSERY, P.O,
UMMENCHIRA,THALASSERY,KANNUR DISTRICT, PIN - 670649
BY ADVS.
KIRAN JOHNY
RAVEENDRAN P.V.
RESPONDENTS:
CHOLAMANDALAM INVESTMENT AND FINANCE, E COMPANY
1ST FLOOR, ARPEES ARCADE, YMCA CROSS ROAD, CALICUT, CALICUT DISTRICT, REPRESENTED BY ITS MANAGER, PIN - 688533
AUTHORIZED OFFICER,
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY,1ST FLOOR, ARPEES ARCADE, YMCA CROSS ROAD, CALICUT, CALICUT
DISTRICT., PIN - 688533
BY ADVS.
P.PAULOCHAN ANTONY P
SREEJITH K.(K/380/2005)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9316 OF 2025
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JUDGMENT
Petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act at the instance of the respondent financial institution.
2. After hearing the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent financial institution and having regard to the facts and circumstances of the case, this Court on 13.03.2025 passed the following order: “Taking of physical possession of the secured asset shall stand adjourned till 02-04-2025 on condition that the petiitoner remits a sum of Rs.3,50,000/- towards the loan liability on or before 27-03-2025. Post on 02-04-2025.”
3. When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for the respondent financial institution that no amount has been remitted by the petitioner pursuant to the interim order dated 13.03.2025.
4. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act and unless the borrowers were to demonstrate bona fides, it will not be proper for this Court to grant any relief including the relief of repayment in installments. Since the petitioner has not demonstrated bonafides, I have no WP(C) NO. 9316 OF 2025
option but to dismiss this Writ Petition. This Writ Petition is thus dismissed. SD/- GOPINATH P. JUDGE Nsd
WP(C) NO. 9316 OF 2025
APPENDIX OF WP(C) 9316/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN WP (C) NO. 27491/2024 DATED 01.08.2024 OF THIS HON’BLE COURT