Kerala High Court
WP(C)/6102/2025 of ABDUL RAHIM, Vs THE AUTHORIZED OFFICER/CHIEF MANAGER, THE SOUTH INDIAN BANK LTD., on 28 March 2025
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. 6102 OF 2025 PETITIONERS: 1 ABDUL RAHIM, AGED 72 YEARS S/O. AMEER KANNU RAWTHER, RESIDING AT R.K MANZIL, VAYALA P.O, PARAKODE,
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. 6102 OF 2025
PETITIONERS:
ABDUL RAHIM,
AGED 72 YEARS
S/O. AMEER KANNU RAWTHER, RESIDING AT R.K MANZIL, VAYALA P.O, PARAKODE, EZHAMKULAM, PATHANAMTHITTA, PIN - 691554
SHIBILA RAHEEM,
AGED 67 YEARS
W/O. ABDUL RAHIM, RESIDING AT R.K MANZIL, VAYALA
P.O, PARAKODE, EZHAMKULAM, PATHANAMTHITTA, PIN - 691554
BY ADVS.
T.MADHU
ROY THOMAS (PATHANAMTHITTA)
C.R.SARADAMANI
RENJISH S. MENON
ALEENA JOSE
KARTHIK KRISHNA M.
AVANTHIKA R.
RESPONDENTS:
THE AUTHORIZED OFFICER/CHIEF MANAGER, THE SOUTH
INDIAN BANK LTD.,
REGIONAL OFFICE THIRUVALLAI, IIND FLOOR,T.M.J
COMPLEX, M C ROAD, RAMANCHIRA, MUTHOOR P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689107
THE MANAGER, THE SOUTH INDIAN BANK LTD., PARAKODE BRANCH, EMSON COMPLEX, M P ROAD, PARAKODE
P.O, EZHAMKULAM, PATHANAMTHITTA, PIN - 691554
BY ADV P.A.AUGUSTINE AREEKATTEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.03.2025, 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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for recovery of the amounts due under credit facilities availed by the petitioners from the respondent bank.
2. On 14.02.2025, after hearing the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, this Court passed the following order: “Learned counsel appearing for the respondent bank submits that the loan account, which is the subject matter of the writ petition, is an overdraft facility and cannot be regularized. It is submitted that, the outstanding amount, as on 13.02.2025 is Rs.33,12,572/-. It is submitted that, if the petitioners were to pay a sum of Rs.5,00,000/- on or before 28.02.2025 and a further sum of Rs.5,00,000/- Rupees Five lakhs only) on or before 28.03.2025, further proceedings can be kept in abeyance.
2. Taking into consideration the above submission, there will be an interim order directing that proceedings against the petitioners shall be kept in abeyance provided the petitioners pay a sum of Rs.5,00,000/- (Rupees Five lakhs only) on or before
28.02.2025 and a further sum of Rs.5,00,000/- (Rupees Five lakhs only) on or before 28.03.2025.”
3. When the matter is taken up for consideration today, it is the submission of the learned counsel appearing for the respondent bank that the petitioners have not complied with the conditions imposed in the interim order dated 14.02.2025. This Court exercises limited jurisdiction in matters arising under SARFAESI Act and where the borrowers have not complied with the conditions imposed while granting interim orders, the petitioners are not entitled to any further relief in the exercise of jurisdiction under Article 226 of the Constitution of India. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE STB
APPENDIX OF WP(C) 6102/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 05.02.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS