Kerala High Court
Shefin.S.Yoosuf vs The Board Of Directors Of The Indian Bank on 10 September, 2025
2025:KER:67222
WP(C) NO.1459 OF 2024
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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. 1459 OF 2024
PETITIONER/S:
SHEFIN.S.YOOSUF
AGED 24 YEARS
S/O. SHAJAHAN YOOSAF SAHIB PROPRIETOR, AL-SHIFA
SUPER SPECIALITY HOSPITAL FOR PILES 50/150-F,
EETTICKAL HOUSE, SRI NARAYANA ROAD EDAPPALLY
P.O., ERNAKULAM, PIN - 682024
BY ADVS.
SMT. MARIA NEDUMPARA
SHRI.SHAMEEM FAYIZ V.P.
RESPONDENT/S:
1 THE BOARD OF DIRECTORS OF THE INDIAN BANK
REPRESENTED BY ITS MANAGING DIRECTOR INDIAN BANK,
PB NO. 5555, 254-260, AVVAI SHANMUGAM SALAI,
ROYAPETTAH, CHENNAI, PIN - 600014
2 AUTHORIZED OFFICER AND CHIEF MANAGER
INDIAN BANK STRESSED ASSET MANAGEMENT BRANCH 4TH
FLOOR, RAM MEENA BUILDINGS VALANJAMBALAM,
ERNAKULAM, PIN - 682016
3 CHAIRMAN
COMMITTEE FOR STRESSED MICRO, SMALL & MEDIUM
ENTERPRISES STRESS ASSET MANAGEMENT BRANCH, 4TH
FLOOR INDIAN BANK, RAM MEENA BUILDINGS
VALANJAMBALAM, ERNAKULAM, PIN - 682016
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WP(C) NO.1459 OF 2024
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4 UNION OF INDIA
REPRESENTED BY SECRETARY, DEPARTMENT OF BANKING,
MINISTRY OF FINANCE 3RD FLOOR, JEEVAN DEEP
BUILDING SANSAD MARG, NEW DELHI, PIN - 110001
5 MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES
REPRESENTED BY SECRETARY UDYOG BHAWAN, RAFI MARG,
NEW DELHI, DELHI, PIN - 110001
6 RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR CENTRAL OFFICE
BUILDING SHAHED BHAGAT SINGH ROAD MUMBAI, PIN -
400001
7 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
8 THE REGISTRAR
DRT-1, ERNAKULAM, 5TH FLOOR, KERALA STATE HOUSING
BOARD, PANAMPILLY NAGAR, ERNAKULAM, KERALA, PIN -
682036
9 MR. RAHIB K.V.
ADVOCATE COMMISSIONER KERALA HIGH COURT,
ERNAKULAM, PIN - 682031
0 ADDL. CHIEF JUDICIAL MAGISTRATE
DISTRICT COURT COMPLEX, ERNAKULAM, KERALA, PIN -
682031
11 DR. ANVAR HUSSAIN
S/O. A.M. ABOOBACKER, AUCTION PURCHASER
ANJIKAKATHU HOUSE, PIPELINE JUNCTION,
THRIKKAKARA, ERNAKULAM, PIN - 682021
12 MR. BENZIR HASSAN
S/O. A.M. ABOOBACKER, ANJIKKATHU HOUSE, AUCTION
PURCHASER NEAR THRIKKAKKARA TEMPLE,THRIKKAKKARA
P.O., THRIKKAKKARA NORTH (PART), ERNAKULAM, PIN -
682021
13 DALWYN THOMAS
DIRECTOR, FUTUREACE HOSPITAL, NETHAJI NAGAR,
EDAPPALLY, KOCHI, ERNAKULAM, KERALA, PIN - 682024
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WP(C) NO.1459 OF 2024
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14 ASHNA
DIRECTOR, FUTUREACE HOSPITAL, NETHAJI NAGAR,
EDAPPALLY, KOCHI, ERNAKULAM, KERALA, PIN - 682024
BY ADVS.
SRI.BINOY VASUDEVAN
SMT.K.V.RAJESWARI
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.1459 OF 2024
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JUDGMENT
The writ petition is filed with the following prayers;
(a) declare that the Petitioner is an MSME within the
meaning of the MSMED Act of 2006 and Ext.
P2/notification issued by the Central Government
under Section 9 thereof, as also the circulars and
guidelines issued by the Reserve Bank of India under
Section 10 thereof, which provides for a mechanism of
resolution of stress and that no proceedings for
recovery under the SARFAESI Act, RDB Act or the IBC
will lie, in as much as the MSMED Act being a special
law qua the aforesaid Acts, and a later law in relation
to the RDB Act and the SARFAESI Act, its provisions will
prevail over the aforesaid enactments;
(b) declare that the MSME Act in so far as it has not
created a special forum/tribunals to enforce the
inter-se rights and obligations/remedies, which it has
created in addition to those
rights/obligations/remedies recognized by the common
law, the jurisdiction of the Civil Court is not ousted, for
it is impossible to oust the jurisdiction of the Civil Court
without providing for an alternative forum/tribunal to
adjudicate the inter-se disputes between parties who
are governed by the Act;
(c) to issue a writ in the nature of certiorari quashing
and setting aside the entire action of the Respondent
Bank under Sections 13(2), 13(4) and 14 of the SARFAESI
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WP(C) NO.1459 OF 2024
Act and a consequential writ in the nature of
mandamus, directing restoration of the Petitioners
property to him forthwith, compensating him fully for
the loss and injury suffered, and further to direct the
Respondent Bank to constitute a committee as
mandated by the notification dated 29.5.2015;
(d) declare that the Petitioner is entitled to be
compensated by respondent Nos. 1 to 3 for the loss and
injury, which it has suffered on account of the gross
breach of trust, culpable negligence, and malicious and
tortious action at the hands of the respondent-bank
and its officers, which loss and injury far exceeds the
very claim of the Bank as against the petitioner, and
therefore, no amount is due to the Respondents 1 to 3
by the petitioner, and the Respondents 1 to 3 have no
enforceable rights as against the petitioner;
(e) declare that the guidelines and notifications issued
by the Reserve Bank of India from time to time
empowering the bank and financial institutions to
declare a borrower as a wilful defaulter is without
authority of law and further that the Plaintiffs, nay a
borrower is not liable to the declared as a wilful
defaulter except by authority of an act of Parliament or
statutory instrument having the force of law;
(f) issue a writ of certiorari calling for the records
leading to the issuance of Exts. P4 to P6, P12, P13, and
quash them as illegal;
(g) grant a perpetual mandatory and prohibitory
injunction restraining and prohibiting respondent Nos.
1 to 3, their agent, servants, officers, representatives
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WP(C) NO.1459 OF 2024
and/or anyone from taking any action for recovery
under any law whatsoever in respect of the properties
referred to in the notice issued under Section 13(2) of
the SARFAESI Act, or in any manner interfere with the
Petitioner's peaceful possession and enjoyment of the
said properties;
(h) Grant such other reliefs which are appropriate and
incidental to this proceeding and which this Hon'ble
Court deems fit and proper."
2. The petitioner has filed I. A No.01 of 2025 seeking
permission to appear in person. The same cannot be allowed since
Advocates are appearing for the petitioner, and they have not
relinquished the vakalats.
3. However, a petition has been filed as IA No.02 of 2025
seeking permission to withdraw the writ petition in terms of the
settlement arrived at in OS No.260 of 2024 before the 2 nd Additional
Subordinate Judges Court, Ernakulam, with party respondents 11 to
14.
4. Taking note of the fact that the power of attorney of the
petitioner is produced and his father, Dr.Shajahan Yoosaf, has
appeared in person before this Court, and as no Advocate is
appearing for the petitioner, I am inclined to allow the request for
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withdrawing the writ petition.
Accordingly, this writ petition is dismissed as withdrawn.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.1459 OF 2024
APPENDIX OF WP(C) 1459/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MSME REGISTRATION
CERTIFICATE UDYAM-KL-02-0055349 DATED
08-03-2023, ISSUED BY THE MSME
MINISTRY, GOVERNMENT OF INDIA, TO AL
SHIFA HOSPITAL UNDER THE PETITIONER'S
PROPRIETORSHIP
Exhibit P2 A TRUE COPY OF THE NOTIFICATION S.O.
1432(E) DATED 29-05-2015 FOR REVIVAL
AND REHABILITATION OF MSME ISSUED BY
THE MINISTRY OF MICRO SMALL & MEDIUM
ENTERPRISES
Exhibit P3 A TRUE COPY OF THE CIRCULAR FIDD.MSME &
NFS.BC.NO.21/06.02.31/2015-16 DATED 17-
03-2016, ISSUED BY THE RESERVE BANK OF
INDIA (RBI)
Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE DATED
04-05-2021, ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P5 A TRUE COPY OF THE POSSESSION NOTICE
DATED 26-10-2021, ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P6 A TRUE COPY OF THE SALE NOTICE DATED
21-12-2021, ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P7 A TRUE COPY OF THE APPLICATION DATED
09-03-2023, SUBMITTED BY THE
PETITIONER, FOR REVIVAL AND TO THE
RESPONDENT BANK, AUTHORITIES OF THE
MSME AND DEPARTMENT OF FINANCIAL
SERVICES, RESERVE BANK OF INDIA, AND TO
THE STATE GOVT. AUTHORITIES
Exhibit P8 A TRUE COPY OF THE CIRCULAR NO.
RBI/2019-20/160 DOR
NO.BP.BC.34/21.04.048/2019-2020, DATED
11-02-2020, ISSUED BY THE RBI
Exhibit P9 A COPY OF THE CIRCULAR NO. RBI/20120-
21/17 DOR NO. BP.BC.34/21.04.048/2020-
2021 DATED 06-08-2020, ISSUED BY THE
RBI
Exhibit P10 A COPY OF THE RBI CIRCULAR RBI/2021-
22/31/ DOR NO. BP.BC.34/21.04.048/2021-
2022 DATED 05-05-2021
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WP(C) NO.1459 OF 2024
Exhibit P11 A TRUE COPY OF THE JUDGEMENT DATED 09-
06-2023 OF THIS HON'BLE COURT, IN O.P.
Exhibit P12 A TRUE COPY OF THE ORDER DATED 07-12-
2022 IN M.C. 52/2022, ISSUED BY THE
ADDL. CHIEF JUDICIAL MAGISTRATE'S
COURT, ERNAKULAM, WITH ITS TYPED COPY
Exhibit P13 A TRUE COPY OF THE ORDER DATED 16-05-
2023 IN CRL.M.P. NO. 1312/2023 IN M.C.
NO. 52/2022 ON THE FILE OF THE
ADDITIONAL CJM COURT, ERNAKULAM
Exhibit P14 A TRUE COPY OF THE ORDER DATED
OF THE 1ST ADDITIONAL MUNSIFF COURT,
ERNAKULAM
Exhibit P15 A COPY OF THE ORDER DATED 07/12/2023 IN
IA 3849/2023 IN SA 270/2021 OF DRT-1,
ERNAKULAM
Exhibit P16 A TRUE COPY OF THE COMMON JUDGMENT
DATED 18.10.2023 IN WA 1824/2023 & WA
1826/2023 OF THIS HON'BLE COURT
Exhibit P17 A COPY OF THE APPLICATION, IA 4005/2023
IN SA 270/2021 DATED 13/11/2023 FILE OF
THE DRT-1, ERNAKULAM
Exhibit P18 A TRUE COPY OF THE ORDER IN IA
4005/2023 IN SA 270/2021 DATED
07/12/2023 OF THE DRT-1, ERNAKULAM
Exhibit P19 A TRUE COPY OF PAGE NOS. 179, 250, 256,
257, 296, 333, 339 & 378 OF THE O.A NO.
222 OF 2022 FILLED BY THE BANK BEFORE
THE DRT
Exhibit P20 A COPY OF THE JUDGMENT PRONOUNCED ON
26/09/2023 IN COMM. ARBITRATION
APPEAL(L) NO. 25189/2023 OF THE HIGH
COURT OF BOMBAY
Exhibit P21 A TRUE COPY OF THE ORDER DATED 20.10.2023
SPECIAL LEAVE TO APPEAL © NO. 23257 OF
2023 OF THE HONOURABLE SUPREME COURT
Exhibit P21 B TRUE COPY OF THE ORDER DATED 28.11.2023
SPECIAL LEAVE TO APPEAL © NO. 23257 OF
2023 OF THE HONOURABLE SUPREME COURT
Exhibit P22 A TRUE COPY OF THE ORDER DATED 25.08.2023
IN WRIT PETITION (L) NO. 35792 OF 2023
OF THE HIGH COURT OF BOMBAY
Exhibit P22 B TRUE COPY OF THE ORDER DATED 25.08.2023
IN WRIT PETITION (L) NO. 22018 OF 2023
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WP(C) NO.1459 OF 2024
OF THE HIGH COURT OF BOMBAY
Exhibit P22 C TRUE COPY OF THE ORDER DATED 30.08.2023
IN IA 23378/23 IN WRIT PETITION (L) NO.
20100 OF 2023 OF THE HIGH COURT OF
BOMBAY
Exhibit P22 D TRUE COPY OF THE ORDER DATED 18.12.2023
IN IA 34649/23 IN WRIT PETITION (L) NO.
10862 OF 2023 OF THE HIGH COURT OF
BOMBAY
Exhibit P22 E TRUE COPY OF THE ORDER DATED 18.12.2023
IN WRIT PETITION (L) NO. 24343 OF 2023
OF THE HIGH COURT OF BOMBAY
Exhibit P23 A TRUE COPY OF THE ORDER DATED
9.10.2023 PASSED BY THE CHIEF JUSTICE
IN SLP (C ) NO. 41750 OF 2023 OF THE
HONOURABLE SUPREME COURT
