Kerala High Court
WP(C)/9470/2025 of BAIJU V.D., Vs STATE OF KERALA, on 27 March 2025
No. 9470 of 2025 1 2025:KER:27524 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 9470 OF 2025 PETITIONERS: BAIJU V.D., AGED 52 YEARS S/O. DHANAPALAN, VALLARKOTTU HOUSE, VATTAPPARA P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 9470 OF 2025
PETITIONERS:
BAIJU V.D.,
AGED 52 YEARS
S/O. DHANAPALAN, VALLARKOTTU HOUSE, VATTAPPARA
P.O., CHATHURANGAPPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
DISTRICT COLLECTOR,
CIVIL STATION, KUYILIMALA P.O., IDUKKI DISTRICT, PIN - 685603
SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI
DISTRICT, PIN - 685613
TAHSILDAR,
REVENUE RECOVERY, TALUK OFFICE, NEDUMKANDAM, IDUKKI
DISTRICT, PIN - 685553
VILLAGE OFFICER,
CHATHURANGAPPARA VILLAGE OFFICE, CHATHURANGAPPARA, IDUKKI DISTRICT, PIN – 685554
KERALA BANK LTD.,
CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN - 695033
THE AUTHORIZED OFFICER & AREA MANAGER,
UNDER THE SARFAESI ACT, KERALA BANK LTD., IDUKKI
COLONY P.O., IDUKKI, PIN - 685602
THE BRANCH MANAGER,
KERALA BANK LTD., SANTHANPARA BRANCH, IDUKKI, PIN - 685619
BY ADV K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
GOPINATH P., J.
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W.P.(C.) No. 9470 of 2025
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Dated this the 27th day of March, 2025
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JUDGMENT
1. The petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of SARFAESI Act to recover amounts due under credit facilities availed by the petitioner from the respondent Bank.
2. This Court on 10.03.2025, after hearing the learned counsel for the petitioner and the learned counsel for the respondent Bank passed the following order: “Counsel for the respondent bank to file a statement. Post on 17.03.2025. Taking of physical possession shall stand adjourned till 17.03.2025 on condition that the petitioner remits a sum of Rs.5 lakhs towards loan liability by 5 pm on 14.03.2025”. When the matter came up for consideration on 17.03.2025, the learned Counsel for the respondent Bank submitted that the petitioner had not remitted any amount pursuant to the interim order dated 10.03.2025. However, considering the submission of the learned counsel for the petitioner that the petitioner is taking earnest steps for paying the amount as directed in the interim order dated 10.03.2025, the matter was adjourned to be listed today. Even today, it is the submission of the learned counsel appearing for the respondent Bank that no amount has been paid by the petitioner towards the loan liability.
3. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act and since the petitioner has failed to show bonafides by complying with the condition imposed in the interim order dated 10.03.2025, I am of the view that the petitioner is not entitled to any relief under Article 226 of the Constitution of India. This writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P., JUDGE sjb/27.03.25
APPENDIX OF WP(C) 9470/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ATTACHMENT NOTICE OF THE 4TH RESPONDENT DATED 13.11.2013 Exhibit P2 TRUE COPY OF THE AUCTION NOTICE OF THE 4TH RESPONDENT DATED 04.10.2013 Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE CHIEF RECOVERY OFFICER, IDUKKI DISTRICT CO-OPERATIVE BANK LTD., DATED 21.08.2014 Exhibit P4 TRUE COPY OF THE DEMAND NOTICE OF THE SPECIAL SALE OFFICER OF THE 6TH RESPONDENT DATED 14.03.2023 Exhibit P5 TRUE COPY OF THE LETTER OF THE GUARANTOR OF THE PETITIONER DATED 27.11.2024 Exhibit P6 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 10.12.2024 Exhibit P7 TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 19.11.2024 Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P.(C) NO.45509/2024 DATED 16.01.2025