Kerala High Court
WP(C)/13186/2025 of Mr. Eldho N I Vs INDIAN BANK on 2 April 2025
W.P (C) No.13186/2025 -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. 13186 OF 2025 PETITIONER/S: MR. ELDHO N I AGED 61 YEARS S/O ITTUP, NEELANGAL HOUSE, KARUKADOM P O,
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. 13186 OF 2025
PETITIONER/S:
MR. ELDHO N I
AGED 61 YEARS
S/O ITTUP, NEELANGAL HOUSE, KARUKADOM P O, KOTHAMANGALAM, ERNAKULAM., PIN - 686691
BY ADVS.
E.A.BIJUMON
SREEHARI V.
RESPONDENT/S:
INDIAN BANK
REPRESENTED BY THE AUTHORIZED OFFICER, SAMV ERNAKULAM, 4TH FLOOR, RAM MEENA BUILDINGS, VALANJAMBALAM, ERNAKULAM – ., PIN - 682016
OTHER PRESENT:
SRI. BINOY VASUDEVAN, 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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J U D G M E N T
Petitioner has approached this Court challenging proceedings initiated for taking physical possession of the secured asset in a proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. According to the petitioner, the petitioner applied for and obtained certified copies of the proceedings before the Chief Judicial Magistrate Court, Ernakulam only on today (02-04-2025) and breathing time may be granted to the petitioner to approach the Debts Recovery Tribunal.
3. The learned counsel appearing for the respondent bank vehemently opposed the grant of any relief to the petitioner stating that practically this is the 6th round of litigation challenging the proceedings initiated by the respondent bank under the provisions of the SARFAESI Act. It is submitted that the proceedings were commenced in the year 2021 and even today the bank has not been able to take possession of the secured asset or to conduct sale of the property.
4. Having heard the learned counsel for the petitioner and the learned counsel for the respondent bank and having regard to the limited nature of the relief sought for by the petitioner, this writ petition will stand disposed of directing that the steps for taking physical possession of the secured asset shall stand deferred till 11-04-2025 to enable the petitioner to approach the Debts Recovery Tribunal by filing a securitization application. If the petitioner fails to obtain any interim order from the Tribunal by 11-04-2025, it is open to the Authorised officer of the respondent bank to take physical possession of the secured asset. Writ petition ordered accordingly. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF WP(C) 13186/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 11.02.2021. Exhibit P2 TRUE COPY OF THE ADVOCATE COMMISSION NOTICE DATED 15.03.2025.