Kerala High Court
Arifa M vs The South Indian Bank Limited on 1 September, 2025
WP(C) NO. 32945 OF 2025 1 2025:KER:66248
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 1ST DAY OF SEPTEMBER 2025 / 10TH BHADRA, 1947
WP(C) NO. 32945 OF 2025
PETITIONERS:
1 ARIFA M.
AGED 47 YEARS
WIFE OF ASHRAF K., 12/464, KUNHALIS, PARODPADI,
MARIKUNNU P.O, KOZHIKODE, PIN - 673012
2 N.P.C. ABOOBACKER
AGED 67 YEARS
S/O. MOIDU, MADHURAMBALATHIL, KOVOOR, MEDICAL COLLEGE
P.O., KOZHIKODE, PIN - 673008
BY ADV SHRI.N.K.SANATH KUMAR
RESPONDENTS:
1 THE SOUTH INDIAN BANK LIMITED
HEAD OFFICE :SIB HOUSE" TB ROAD, MISSION QUARTERS,
THRISSUR, REPRESENTED BYY ITS CHAIRMAN, PIN - 680001
2 CHIEF MANAGER & AUTHORISED OFFICER,
SOUTH INDIAN BANK LTD., REGIONAL OFFICE KOZHIKODE,
FIRST FLOOR, HAPPY, VAIKOM MOHAMMED BASHEER ROAD,
MANANCHIRA, KOZHIKODE, PIN - 673001
3 BRANCH MANAGER
SOUTHE INDIAN BANK MAIN BRANCH, DOOR NO. 18/1175B, 1ST
FLOOR, TT COMPLEX, JAIL ROAD, KOZHIKODE, PIN - 673004
WP(C) NO. 32945 OF 2025 2 2025:KER:66248
4 M/S. E-FAST TRANSPORTS LLP
EMPORA VIEWS, 2ND FLOOR, DOOR NO. 33/6625, B3(B),
MALAPARAMBA, KOZHIKODE, KERALA, REP. B ITS DESIGNATED
PARTNER SRI. HANEEFA M., PIN - 673009
OTHER PRESENT:
SRI.SUNIL SHANKER, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32945 OF 2025 3 2025:KER:66248
JUDGMENT
In this Writ Petition, the petitioners challenge Ext.P3
order issued by the Advocate Commissioner appointed under
Section 14 of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest
Act, 2002 (for short, the SARFAESI Act).
2. Heard the learned counsel for the petitioners and
the learned Standing Counsel for the respondents.
3. It is submitted that the 4th respondent has already
approached this Court by filing W.P.(C) No.23782/2025,
and obtained an interim order, on condition that
Rs.10 lakhs should be paid within a period of one month,
but later, the Writ Petition stood dismissed, when the 4th
respondent failed to comply with the condition. The
learned counsel appearing for the respondent submitted
that the 2nd petitioner had issued Ext.P5 undertaken to
the bank officials, and that he also approached the DRT,
and obtained an interim order from there.
WP(C) NO. 32945 OF 2025 4 2025:KER:66248
4. The learned counsel appearing for the petitioners
submitted that, the petitioners had paid Rs.10 lakhs
yesterday, and they are ready to remit Rs.5 lakhs more by
tomorrow. Considering the above submission, the
petitioners can be given a breathing time for working out
their appropriate remedy.
5. In the circumstances, this Writ Petition is closed
by observing that, if the petitioners have already
remitted Rs.10 lakhs as stated above, and that they remit
Rs.5 lakhs before 02.00 p.m on tomorrow (2/9/2025), the
further proceedings based on Ext.P3 shall be kept in
abeyance, till 15th of this month.
Sd/-
P. KRISHNA KUMAR
JUDGE
ska
WP(C) NO. 32945 OF 2025 5 2025:KER:66248
APPENDIX OF WP(C) 32945/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED
28.7.2023 ISSUED U/S 13(2) OF THE SARFAESI
ACT, 2002 ALONGWITH A TYPED COPY
Exhibit P2 TRUE COPY OF THE NOTICE DATED 5.1.2024 ISSUED
UNDER SECTION 13(4)
Exhibit P3 TRUE COPY OF THE NOTICE DATED 21.6.2025
ISSUED BY THE ADVOCATE COMMISSIONER
Exhibit P4 TRUE COPY OF THE DEPOSIT/PAY IN SLIP DATED
16.3.2024 FOR HAVING PAID RS 5 LAKHS
Exhibit P5 TRUE COPY OF THE UNDERTAKING GIVEN BY THE 2ND
PETITIONER
Exhibit P6 TRUE COPY OF THE RTGS PAYMENT DETAILS
DT.30.8.2025 (REF.NO.FDRLR52025083000820409)
FOR HAVING PAID RS. 3 LAKHS (RUPEES THREE
LAKHS ONLY) TO THE RESPONDENT BANK THROUGH
CALICUT CO-OPERATIVE URBAN BANK LTD
Exhibit P7 TRUE COPY OF THE COUNTERFOIL DATED 30.8.2025
FOR HAVING PAID RS. 7 LAKHS (RUPEES SEVEN
LAKHS ONLY) TO THE RESPONDENT BANK THROUGH
FEDERAL BANK
