Kerala High Court

WP(C)/7502/2025 of SAJI S.S., Vs EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., on 28 March 2025

Cites 0, Cited by 0

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 7502 OF 2025 PETITIONER: SAJI S.S., AGED 48 YEARS S/O. SAHADEVAN, SARASWATHI BHAVANAM, THIRUNALLOOR, PALLIPURAM, ALAPPUZHA, PIN - 688541

2025:KER:27308

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947

WP(C) NO. 7502 OF 2025

PETITIONER:

SAJI S.S.,

AGED 48 YEARS

S/O. SAHADEVAN, SARASWATHI BHAVANAM, THIRUNALLOOR, PALLIPURAM, ALAPPUZHA, PIN - 688541

BY ADVS.

S.MUMTAZ

ALISHA ASLAM

AMINA RUBY FAIZAL

ARPANAI T.A.

BHAVANA VIJAYAKUMAR

RESPONDENT:

EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., REP. BY THE AUTHORIZED OFFICER, 1ST FLOOR, EDELWEISS

HOUSE, CST ROAD, KALINA, MUMBAI, PIN - 400098

BY ADVS.

JACOB CHACKO

B.V.JOY SANKAR

P.SUJITH KUMAR

MATHEWS JOSEPH

SOURADH C. VALSON

GEORGE JOSEPH (ITTANKULANGARA)

BINU PAUL (NETTOOR)

R.RAJA RAJA VARMA

N.KRISHNA MOORTHY

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

2025:KER:27308

WP(C) NO. 7502 OF 2025

ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

2025:KER:27308

WP(C) NO. 7502 OF 2025

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

JUDGMENT

The petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act by the respondent.

2. On 11.03.2025, after hearing the submissions of the learned counsel for the petitioner and the learned counsel appearing for the respondent, this Court passed the following order: “Learned counsel for the petitioner submits that the petitioner will remit a sum of Rs.33 lakhs towards the loan liability before 28-03-2025. Taking into consideration of the above submission of the learned counsel for the petitioner, it is directed that taking of physical possession shall stand deferred till 28-03-2025 on condition that the petitioner remits a sum of Rs.33 lakhs towards the loan liability by 5 p.m on 27-03-2025.”

3. When the matter is taken up for consideration today, it is submission of the learned counsel appearing for the respondent that no amount has been paid by the petitioner, pursuant to the interim order

2025:KER:27308

WP(C) NO. 7502 OF 2025 dated 11.03.2025. This Court exercises limited jurisdiction in matters arising under the SARFAESI Act and where the borrowers have not demonstrated bonafides, it is not possible to grant any relief under Article 226 of the Constitution of India. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE STB

2025:KER:27308

WP(C) NO. 7502 OF 2025 APPENDIX OF WP(C) 7502/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 04/08/2020 ISSUED BY THE HDB BANK Exhibit P2 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 23/07/2021 ISSUED BY THE HDB BANK Exhibit P3 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE DATED 30TH JANUARY, 2025

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead