Kerala High Court
WP(C)/10854/2025 of VIJESH PALEKKAT, Vs THE AUTHORIZED OFFICER, on 28 March 2025
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. 10854 OF 2025 PETITIONER: VIJESH PALEKKAT, AGED 35 YEARS, S/O. LATE MUKUNDAN, RESIDING AT PALEKKAT THUYYAM, EDAPAL, MALAPPURAM, PIN – 679576. BY
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. 10854 OF 2025
PETITIONER:
VIJESH PALEKKAT,
AGED 35 YEARS,
S/O. LATE MUKUNDAN, RESIDING AT PALEKKAT THUYYAM, EDAPAL, MALAPPURAM, PIN – 679576.
BY ADVS.
JOMY K. JOSE
MUHAMMED ANSHIF T.K.
RESPONDENTS:
THE AUTHORIZED OFFICER,
IRANJALAKUDA TOWN CO-OPERATIVE BANK LIMITED, TANA
SOUTH, IRINJALAKUDA, THRISSUR, PIN – 680121.
IRANJALAKUDA TOWN CO-OPERATIVE BANK LIMITED NO.55, REPRESENTED BY ITS BRANCH MANAGER, TANA SOUTH, IRINJALAKUDA, THRISSUR, PIN – 680121.
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 petitioner has availed credit facilities from the respondent Bank. According to the averments in the writ petition, the total principal amount of all the loans availed by the petitioner is itself Rs.1,95,60,000/-.
2. This Court on 18.03.2025 directed that the taking of physical possession of the secured assets shall be deferred subject to the condition that the petitioner remits a sum of Rs.20 lakhs towards the loan liability by 05.00 P.M on 25.03.2025.
3. When the matter is taken up for consideration today (28.03.2025), the learned counsel appearing for the petitioner submits that the petitioner has filed an application for extension of time and he has not been able to pay any amount pursuant to the interim order dated 18.03.2025. As per the endorsement made by the Registry, the petitioner has also not filed process to take out notice to the respondent Bank. As this Court exercises very limited jurisdiction in the matter of challenge to proceedings under the SARFAESI Act and in the facts and circumstances noticed above, I find
no reason to interfere. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE DK
APPENDIX OF WP(C) 10854/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICES OF LOAN ACCOUNT NOS. OD 1134, ITUCLT 11348 AND ITUCLT 11367 DATED 13-05-2024 Exhibit P2 A TRUE COPY OF THE INSPECTION NOTICE IN MC 154/2025 DATED 17/02/2025