Kerala High Court
Har Hotel Private Limited vs The Branch Manager on 14 August, 2025
2025:KER:61474
WP(C) No. 22865 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
WP(C) NO. 22865 OF 2025
PETITIONERS:
1 HAR HOTEL PRIVATE LIMITED,
AGED 62 YEARS, HAR COMPLEX,
SOUTH BAZAAR,KANNUR,
REPRESENTED BY ITS MANAGING DIRECTOR,
SALAHUDHEEN PONNU VALAPPIL,
S/O. HAMSA, RESIDING AT HOUSE NO:39/2223,
HAR BUILDING, M.G. ROAD,
ERNAKULAM, PIN-682106
2 HAR AUTO PRIVATE LIMITED,
AGED 54 YEARS, HAR COMPLEX,
SOUTH BAZAAR, KANNUR,
REPRESENTED BY ITS MANAGING DIRECTOR,
MOHAMMED EQUBAL P.V.,
S/O HAMSA, RESIDING AT HAR AVENUE,
KANNOTHUMCHAL, CHOVVA, KANNUR, PIN-670005
BY ADV. PRAVEEN K. JOY
RESPONDENTS:
1 THE BRANCH MANAGER,
ICICI BANK LTD., M.G. ROAD BRANCH,
EMGEE SQUARE, ERNAKULAM, KOCHI, PIN-682035
2 THE AUTHORIZED OFFICER,
ICICI BANK LTD., 4/10, MYTHREE TOWER,
BOMMANAHALLI, HOSDURG MANI ROAD,
BANGALORE, PIN-560068
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WP(C) No. 22865 of 2025
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BY ADVS.
SHRI.LAL K.JOSEPH
SRI.P.MURALEEDHARAN (THURAVOOR)
SMT.T.A.LUXY
SHRI.SURESH SUKUMAR
SRI.ANZIL SALIM
SHRI.SANJAY SELLEN
SRI. PRADEESH CHACKO, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 22865 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 22865 of 2025
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Dated this the 14th day of August, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i) To call for the records leading to issuance of Ext P13
order dated 08.05.2025 in IA no 797/2024 in AIR No.
1500/2024 before Debt Recovery Appellate Tribunal,
Chennai and to setaside the same, in the interest of
justice.
ii) To issue writ, order or direction in the nature of
mandamus directing the respondents No. 1 and 2 to take
up appeal in AIR No. 1500/2024 before Debt Recovery
Appellate Tribunal, Chennai after hearing the petitioner
personally, within a time limit fixed by this Hon'ble
Court, in the interest of justice.
iii) To stay all further coercive proceedings pursuant to
Ext.P14, in the interest of justice.
(iv) To permit private sale to the petitioner to clear the
liability of the bank, in the interest of justice.
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v) Dispense with filing of the translation of vernacular
documents.
vi) To grant such other reliefs that this Honourable Court
deemed fit and proper.
2. An interim order was passed by this court on 20.06.2025
as follows.
Adv.Pradeesh Chacko appears for the respondents. To consider
the prayers sought in the writ petition seeking instalment
facility and to defer the confirmation of sale against the
petitioners, as an interim measure, there will be a direction to
the petitioners to remit an amount of Rs.40,00,000/- (Rupees
forty lakhs only) within one month. It is made clear that if the
above payment is not made, the respondents will be at liberty to
proceed further, in accordance with law.
3. The above order was not complied with. Time was again
extended by order dated 29.07.2025 in I.A.No.3 of 2025, which reads
thus:-
This is an application seeking extension of time to comply with
the interim order passed by this court on 20.06.2025 which
directed a payment of Rs.40,00,000/- (Rupees forty lakhs only)
within one month, which was not complied with.
2. Taking note of the reasons stated in the affidavit seeking
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extension and after hearing both sides, I am inclined to grant
two weeks' time, as a last chance, making it clear that no
further time will be granted to comply with the order referred
to above. It is made clear that if the above payment is not
made within the extended time granted, the bank will be free
to proceed in accordance with law.
4. It is not disputed before me that the above order has also
not been complied with by the petitioner.
5. This Court exercises very limited jurisdiction in matters
arising under the SARFAESI Act, as repeatedly held by the
Honourable Supreme Court in several judgments, including in South
Indian Bank Ltd. and Ors. v. Naveen Mathew Philip and Ors. [2023 17
SCC 311] that the powers conferred under Article 226 of the
Constitution of India are rather wide but are required to be exercised
only in extraordinary circumstances in matters pertaining to
proceedings and adjudicatory scheme qua a statute, more so in
commercial matters involving a lender and a borrower, when the
legislature has provided for a specific mechanism for appropriate
redressal. When this Court is approached with a prayer to permit the
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borrowers to clear the liability in instalments, the borrowers must
prove bona fides. The non-compliance of the interim order indicates
that the petitioner in this case has not shown any bona fides to
enable this Court to permit him to clear the liability in instalments.
6. Therefore, I find no reason to grant the reliefs sought for
in this writ petition, and the same will stand dismissed without
prejudice to the right of the petitioner to challenge the measures
taken by the secured creditor as provided under the SARFAESI Act,
by approaching the DRT, if so advised.
The writ petition is dismissed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 22865/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF SA NO.391/2024 BEFORE
DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM
WITHOUT ANNEXURES
Exhibit P2 TRUE COPY OF WRITTEN STATEMENT IN SA
NO.391/2024 BEFORE DEBTS RECOVERY
TRIBUNAL-I, ERNAKULAM WITHOUT
ANNEXURES
Exhibit P3 TRUE COPY OF THE ORDER DATED
18.09.2024 IN SA NO.391/2024 BEFORE
DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM
Exhibit P4 TRUE COPY OF THE APPEAL ALONG WITH THE
STAY PETITION AND WAIVER PETITION WITH
NO. R.A.(SA) DIARY NO. 1500/2024
PREFERRED BEFORE DEBT RECOVERY
APPELLATE TRIBUNAL, CHENNAI DATED
14.10.2024
Exhibit P5 TRUE COPY OF THE PAYMENT OF RECEIPT OF
RS.1,00,005/- FOR APPEAL NO. R.A.(SA)
DIARY NO. 1500/2024 PREFERRED BEFORE
DEBT RECOVERY APPELLATE TRIBUNAL,
CHENNAI DATED 14.10.2024
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
Exhibit P8 TRUE COPY OF THE REPRESENTATION BEFORE
2ND RESPONDENT
Exhibit P9 TRUE COPY OF THE REPRESENTATION BEFORE
2ND RESPONDENT
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Exhibit P10 TRUE COPY OF THE REPRESENTATION BEFORE
2ND RESPONDENT
Exhibit P11 TRUE COPY OF THE REPLY LETTER OF THE
2ND RESPONDENT DATED NIL
Exhibit P12 TRUE COPY OF THE RELEVANT PAGE OF CASE
STATUS R.A.(SA) DIARY NO. 1500/2024
PREFERRED BEFORE DEBT RECOVERY
APPELLATE TRIBUNAL, CHENNAI DATED
11.6.2025
Exhibit P13 TRUE COPY OF THE RELEVANT PAGE OF
ORDER AS UPLOADED IN SITE IN IA NO
PREFERRED BEFORE DEBT RECOVERY
APPELLATE TRIBUNAL, CHENNAI DATED
08.05.2025
Exhibit P14 TRUE COPY OF THE SALE NOTICE DATED
29.05.2025 OF RESPONDENT BANK
Exhibit P15 TRUE COPY OF THE RELEVANT PAGES OF
NEWSPAPER (NEW INDIAN EXPRESS) DATED
19.07.2025
Exhibit P16 TRUE COPY OF THE RELEVANT PAGES OF
NEWSPAPER (DEEPIKA) DATED 19.07.2025
