Kerala High Court
Vaidyadharma Herbals vs Bank Of Maharashtra on 16 June, 2025
WP(C) NO. 17890 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
WP(C) NO. 17890 OF 2025
PETITIONER(S):
1 VAIDYADHARMA HERBALS,
REPRESENTED BY ITS MANAGING PARTNER DR.AJITH N,
BHARANIKKAVIL KIZHAKKATHIL, BHARANIKKAVU,
PORUVAZHY P O, SASTHAMKOTTA, KOLLAM, PIN - 690520
2 DR.AJITH N.,
AGED 38 YEARS
S/O LATE NEELAMBARAN, RESIDING AT BHARANIKKAVIL
KIZHAKKATHIL, BHARANIKKAVU, PORUVAZHY P O,
SASTHAMKOTTA, KOLLAM DISTRICT, PIN - 690520
3 DR.ATHIRA S.,
AGED 33 YEARS
W/O DR.AJITH N, RESIDING AT BHARANIKKAVIL
KIZHAKKATHIL, BHARANIKKAVU, PORUVAZHY P O,
SASTHAMKOTTA,
KOLLAM DISTRICT, PIN - 690520
4 BABU S.,
AGED 70 YEARS
S/O SANKU, RESIDING AT BHARANIKKAVIL
KIZHAKKATHIL, BHARANIKKAVU, PORUVAZHY P O,
SASTHAMKOTTA,
KOLLAM DISTRICT, PIN - 690520
5 SEEMANDINI S.,
AGED 60 YEARS
W/O BABU S, RESIDING AT BHARANIKKAVIL
KIZHAKKATHIL, BHARANIKKAVU, PORUVAZHY P O,
SASTHAMKOTTA,
KOLLAM DISTRICT, PIN - 690520
WP(C) NO. 17890 OF 2025
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BY ADVS.
SHRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
SMT.SWATHY A.P.
SMT.FOUSIYA R
RESPONDENT(S):
1 BANK OF MAHARASHTRA,
ZONAL OFFICE-ERNAKULAM, II FLOOR,
G.K ARCADE, PALARIVATTOM BYPASS JUNCTION,
VENNALA P.O., ERNAKULAM, REPRESENTED BY ITS ZONAL
MANAGER, PIN - 682028
2 AUTHORIZED OFFICER,
BANK OF MAHARASHTRA, ZONAL OFFICE-ERNAKULAM,
II FLOOR, G.K ARCADE, PALARIVATTOM BYPASS
JUNCTION, VENNALA P.O., ERNAKULAM, PIN - 682028
3 THE BRANCH MANAGER,
BANK OF MAHARASHTRA, KOTTARAKARA BRANCH,
KOTTARAKARA, KOLLAM, PIN - 691506
BY ADV
SRI.T.A.PRAKASH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17890 OF 2025
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MOHAMMED NIAS C.P., J
............................................................
W.P.(C) No.17890 of 2025
.............................................................
Dated this the 16th day of June, 2025
JUDGMENT
The writ petition is filed seeking the following prayers:-
"i. call for the records leading to Exhibit P2, P4 and P7 notices
and quash the same by issuing a Writ of Certiorari or any
other appropriate writ, order or direction;
ii. Issue a Writ of Mandamus or any other appropriate Writ,
order or direction directing the 3rd respondent bank to re-
work the liability amount after waiving the penal interest
and ascertain the actual due amount and furnish the detailed
statement of accounts of both the loan accounts;
iii. Issue a Writ of Mandamus or any other appropriate Writ,
order or direction directing the 3rd respondent bank to waive
all penal interest and other bank charges finding that there is
no willful lapses on the part of the petitioners for the default
that has occurred in the repayment of the loans availed;
iv. issue a Writ of Mandamus or any other appropriate writ,
order or direction directing the 3rd respondent bank to allow
the petitioners to pay the overdue amount in 25 instalments
and to regularize the loan account;
v. issue a Writ of Mandamus or any other appropriate writ,
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order or direction directing the respondents to consider and
pass orders on Exhibit P8 representation after affording an
opportunity of hearing to the petitioners;
vi. petitioner humbly prays that this Hon'ble Court maybe
pleased to dispense with the translation of documents in the
vernacular; and;
vii. grant such other and further reliefs as deemed fit and
proper for this Hon'ble Court to award the costs of this Writ
Petition."
2. This Court had passed an order on 03.06.2025 as
follows:-
"It is seen that the 2nd petitioner had earlier moved this
Court, which resulted in Ext.P5 judgment, in which the
petitioner was granted an instalment facility. Obviously the
same has not been complied with. Prima facie I do not think
that the present writ petition is maintainable. The learned
Standing Counsel for the Bank seeks time to file a statement.
Ten days time is granted. Post on 16.06.2025. No coercive
steps shall be taken in between."
3. Pursuant to the above direction, a statement has been
filed on behalf of respondents 1 to 3 stating that the petitioners
approached this Court for the second time on the same cause of
action and that the outstanding amount as on 11.06.2025, in
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respect of the term loan is Rs.22,90,82,277/- and a cash credit of
Rs.50 Lakhs by loan account No.6040256475, both of which have
been classified as NPA and therefore the total outstanding liability
under both the loan accounts stands at Rs.2,83,53,816/-. The
above statements are recorded.
Given the above, I am not inclined to consider any of the
contentions of the petitioners on merit, as the petitioners have an
alternate efficacious statutory remedy under Section 17 of the
SARFAESI Act, 2002. Without prejudice to the right of the
petitioners to approach the Tribunal concerned, this writ petition
is closed. To enable the petitioners to avail of the same, all further
coercive steps against the petitioners shall be deferred for three
weeks from today.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
WP(C) NO. 17890 OF 2025
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APPENDIX OF WP(C) 17890/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER
NO.AX74/TL/VAIDYADHARMA/2/2021-22 DATED
04/02/2022
EXHIBIT P2 THE TRUE COPY OF THE NOTICE ISSUED
UNDER SECTION 13(2) OF THE SARFAESI ACT
DATED 04/09/2023
EXHIBIT P3 THE TRUE COPY OF THE STATEMENT OF
ACCOUNTS OF THE CASH CREDIT FACILITY
AVAILED BY THE 1ST PETITIONER FIRM
EXHIBIT P4 THE TRUE COPY OF THE POSSESSION NOTICE
ISSUED UNDER SECTION 13(4) OF THE
SARFAESI ACT DATED 09/02/2024
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED
06/03/2024 IN WP(C) NO.9012 OF 2024
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE 2ND PETITIONER BEFORE
THE STATION HOUSE OFFICER, SASHTAMCOTTA
POLICE STATION DATED 23/04/2025
EXHIBIT P7 THE TRUE COPY OF THE NOTICE
NO.AX80/INTIMATION/2024-25 DATED
09/04/2025 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
RESPONDENT AUTHORITIES DATED 21/04/2025
EXHIBIT P9 THE TRUE COPY OF THE NOTICE RECEIVED
FROM THE ADVOCATE COMMISSIONER DATED
20/05/2025
