Kerala High Court
Nizarudheen M vs The Authorised Officer on 10 September, 2025
2025:KER:67221
WP(C) NO.21846 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025/19TH BHADRA,
1947
WP(C) NO. 21846 OF 2025
PETITIONER/S:
NIZARUDHEEN M.,
AGED 61 YEARS
S/O MYTHEEN KUNJU, AL-FALAH,ZAM-ZAM NAGAR
115,VADEKKEVILA P.O,KOLLAM, PIN - 691010
BY ADVS.
SHRI.AKHIL SURESH
SMT.KALLIYANI KRISHNA B.
SHRI.AMRITH M.J.
SHRI.RAHUL T.
RESPONDENT/S:
1 THE AUTHORISED OFFICER,
ASSET RECONSTRUCTION COMPANY (INDIA) LTD.
(ARCIL),RUBY, 10TH FLOOR, 29 SENAPATI BAPAT
MARG, DADAR (WEST), MUMBAI, PIN - 400028
2 ASSET RECONSTRUCTION COMPANY (INDIA) LTD.
(ARCIL),
HAVING ITS REGISTERED OFFICE AT RUBY, 10TH
FLOOR, 29 SENAPATI BAPAT MARG, DADAR (WEST),
MUMBAI,REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 400028
BY ADVS.
SHRI.SUNIL SHANKER, SC
SMT.VIDYA GANGADHARAN
SHRI.THOMAS GLAISON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.21846 OF 2025
2
JUDGMENT
The petitioner is an auction purchaser who participated in
an e-auction with respect to 5 items of property in Kollam
District, as seen from Ext.P1 notice. With respect to item Nos. 2
and 5, did not make the payment as required under the
SARFAESI Act and rules within the time granted. It is under such
circumstances that this writ petition was filed with the
following reliefs;
"(i) Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the respondents to
extend the time for remittance of the balance purchase
price by the petitioner in respect of Item Nos. 1, 3 and 4
mentioned in the Sale Notice dated 12.02.2025, by a
further period of 60 days;
(ii) Declare that the Rule 9(4) of the Security Interest
(Enforcement) Rules, 2002 is directory and the
respondent has the discretion to grant reasonable
extension in deserving cases;
(iii) Restrain the respondents from cancelling the sale in
favour of the petitioner in respect of Item Nos. 1, 3 and 4
or from forfeiting the 25% amount already deposited,
pending consideration of the petitioner's representation
dated 11.06.2025;
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WP(C) NO.21846 OF 2025
(iv) Pass such other and further reliefs as this Hon'ble
Court may deem just and proper in the circumstances of
the case.
(v) To dispense with the filing of true English
translation of Exhibits which are in vernacular
language."
2. An interim order was passed by this Court on 13 th June
2025, directing the petitioner to remit an amount of
Rs.1,00,00,000/- (Rupees one crore only), which was complied
with by the petitioner. Later, another interim order was passed
by this Court on 28.07.2025, directing the petitioner to remit an
amount of Rs.2,21,44,100/- (Rupees two crore twenty one lakh
forty four thousand one hundred only) within ten days. It is
submitted by both sides that the said amount has not been
remitted.
3. The interim orders were passed only to find out
whether the petitioner can make the payment due to the Bank.
In the absence of the petitioner remitting the amount, as
required under the Act and Rules, no relief can be granted to the
petitioner.
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WP(C) NO.21846 OF 2025
4. However, the payment made by the petitioner pursuant
to the interim order dated 13 th June 2025, namely Rs 1 crore, will
be returned by the respondent Bank within 15 days from today.
As far as his claim for return of the EMD, it will be open to the
petitioner to either approach the Bank or respond to the notice
issued by the Bank or take such steps in a manner known to law.
The writ petition is disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.21846 OF 2025
APPENDIX OF WP(C) 21846/2025
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE SALE NOTICE DATED
11.02.2025
Exhibit P-2 A TRUE COPY OF THE CONFIRMATION
LETTERS RECEIVED BY THE PETITIONER
DATED 18.03.2025 (AMOUNT
3,46,30,000/)
Exhibit P-2(a) A TRUE COPY OF THE CONFIRMATION
LETTERS RECEIVED BY THE PETITIONER
DATED 18.03.2025 (AMOUNT RS.
3,00,30,0001/-)
Exhibit P2(b) A TRUE COPY OF THE CONFIRMATION
LETTERS RECEIVED BY THE PETITIONER
DATED 18.03.2025 (AMOUNT RS.
38,20,000/- )
Exhibit P-2(c) A TRUE COPY OF THE CONFIRMATION
LETTERS RECEIVED BY THE PETITIONER
DATED 18.03.2025 (AMOUNT RS.
45,20,000/)
Exhibit P-2(d) A TRUE COPY OF THE CONFIRMATION
LETTERS RECEIVED BY THE PETITIONER
DATED 18.03.2025 (AMOUNT RS.
2,57,30,000/)
Exhibit P-3 A TRUE COPY OF THE DETAILS OF
AUCTION PAYMENTS DONE BY THE
PETITIONER WITH RESPECT TO THE
SUBJECT 5 PROPERTIES
Exhibit P-4 A TRUE COPY OF THE LETTER ISSUED BY
THE RESPONDENTS DATED 22.04.2024
(WRONGLY MENTIONED INSTEAD OF
22.05.2025)
Exhibit P-5 A TRUE COPY OF THE DRAFT SALE
CERTIFICATE WITH RESPECT TO ITEM NO.
2 PROPERTY IN EXT P1 DATED
09.06.2025
Exhibit P-6 A TRUE COPY OF THE DRAFT SALE
CERTIFICATE WITH RESPECT TO ITEM NO.
5 PROPERTY IN EXT P1 DATED
09.06.2025
Exhibit P-7 A TRUE COPY OF THE REPRESENTATION
Exhibit P-8 A TRUE COPY OF THE SAID INTERIM
ORDER WP(C) NO. 19120 OF 2022 DATED
13.06.2022
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WP(C) NO.21846 OF 2025
Exhibit P-9 TRUE COPY OF THE JUDGMENT IN WP (C)
7537 OF 2022 DATED 27.07.2022
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the Terms and
Conditions of Invitation and Sale
dated 10.03.2025 counter signed by
the Petitioner in acceptance of the
terms and conditions thereof in
respect of item No.1
Exhibit R1(b) True copy of the Terms and
Conditions of Invitation and Sale
dated 10.03.2025 counter signed by
the Petitioner in acceptance of the
terms and conditions thereof in
respect of item No.3
Exhibit R1(c) True copy of the Terms and
Conditions of Invitation and Sale
dated 10.03.2025 counter signed by
the Petitioner in acceptance of the
terms and conditions thereof in
respect of item No.4
