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Kerala High Court
Pathumani vs The Kotak Mahindra Bank, Represented By ... on 2 February, 2026
WP(C) NO. 29210 OF 2025
1
2026:KER:8846
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 29210 OF 2025
PETITIONER/S:
PATHUMANI,
AGED 80 YEARS
W/OMOHAMMED,POONTHALAPARAMBU HOUSE, MORAYUR.P.O., VIA
MONGAM, MALAPPURAM, PIN - 673642
BY ADVS.
SMT.R.ASALATHA VARMA
SMT.TEJA R.
SMT.RIYA RAJ KADAVAN
SMT.DEEPA GEORGE
RESPONDENT/S:
1 THE KOTAK MAHINDRA BANK, REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER,
P.K. COMMERCIAL COMPLEX, 11/527, CHEROOTY ROAD, P.B
1134, KOZHIKODE, REPRESENTED BY THE BRANCH MANAGER, PIN
- 673032
2 THE AUTHORIZED OFFICER, KOTAK MAHINDRA BANK LIMITED,
P.K. COMMERCIAL COMPLEX, 11/527, CHEROOTY ROAD, P.B
1134, KOZHIKODE, PIN - 673032
3 M/S. SAFA TRADERS, REP.BY ITS MANAGING PARTNER
MR.ABDULGAFOOR,
REGISTERED OFFICE AT M.P.1/11/8E ERANNAMKANDIYIL,P C
JUNCTION AREA CODE ROAD, MUKKAM POST, KOZHIKODE, PIN -
WP(C) NO. 29210 OF 2025
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2026:KER:8846
673633
4 MR.ABDULGAFOOR(MANAGING PARTNER M/S. SAFA TRADERS),
AGED 56 YEARS
S/O MUHAMMED, R/O222, KARIKUNNEKADU HOUSE, PULIKKAL,
KOCHIKODE, MALAPPURAM DISTRICT-673 641, PRESENTLY
RESIDING AT EPPINYIL HOUSE, ANDIYOORKUNNU PO (VIA)
MALAPPURAM DISTRICT, PIN - 673637
5 MR. UMMAR ( PARTNER M/S. SAFA TRADERS),
S/O KUNHALAN, KUNDILHOUSE, KUNDIL HOUSE, CALICUT AIR
PORT- P.O, KONDOTTY, MALAPPURAM DISTRICT, PIN - 673641
6 M/S. NEW SAFA TRADERS, REP.BY ITS MANAGING PARTNER,
MR.ABDULGAFOOR,
REGISTERED OFFICE AT 2/579 KUZHIMANNA GRAMA PANCHAYAT,
POST KIZHISSERY, MALAPPURAM, PIN - 673641
7 MR.USMAN,(PARTNER, M/S. NEW SAFA TRADERS),
S/O KANHALA, KUNDIL HOUSE, CALICUT AIRPORT POST,
MALAPURAM DISTRICT-673 638, PRESENTLY RESIDING AT R/O
271/5/334, KONDOTTY-673 015., ALSO AT CALICUT AIRPORT
POST, MALAPPURAM DISTRICT-673 638., ALSO AT EPPINIYIL
HOUSE, ANDIYOORKUNNU P.O., (VIA) MALAPPURAM DISTRICT,
PIN - 673637
BY ADVS.
SRI.NAGRAJ NARAYANAN, SC, GDB
SHRI.B.J.JOHN PRAKASH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29210 OF 2025
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2026:KER:8846
BASANT BALAJI J
======================
W.P.(C) No. 29210 of 2025
========================
Dated 02nd day of February 2026
JUDGMENT
This Writ Petition has been filed under Article 226 of the
Constitution of India.
2. When the Writ Petition is taken up for consideration today, the
learned counsel for the petitioner seeks permission to withdraw the Writ
Petition.
The submsision is recorded. Accordingly, this Writ Petition is
dismissed as withdrawn.
Sd/-
BASANT BALAJI, JUDGE
RMV
WP(C) NO. 29210 OF 2025
2026:KER:8846
APPENDIX OF WP(C) NO. 29210 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GENERAL HYPOTHECATION
AGREEMENT ENTERED INTO BETWEEN THE 1ST
RESPONDENT ON ONE PART, AND THE MANAGING
PARTNER AND PARTNER OF M/S SAFA TRADERS,
NAMELY RESPONDENTS 4 AND 5 RESPECTIVELY, ON
THE OTHER PART, DATED 24.01.2008
Exhibit P2 THE TRUE COPY OF THE CREDIT ARRANGEMENT
LETTER DATED 02.09.2010
Exhibit P3 THE TRUE COPY OF THE MEMORANDUM OF DEPOSIT OF
TITLE DEEDS EXECUTED BY THE PETITIONER AND
HER HUSBAND ON 04.09.2010
Exhibit P4 THE TRUE COPY OF THE LETTER OF CONTINUITY
EXECUTED BY THE 4TH RESPONDENT ON 31.07.2014
Exhibit P5 THE TRUE COPY OF THE LETTER OF CONTINUITY
EXECUTED BY THE 5TH RESPONDENT ON THE SAME
DATE
Exhibit P6 THE TRUE COPY OF THE LETTER OF CONTINUITY,
ALLEGEDLY SIGNED BY THE PETITIONER AND HER
HUSBAND
Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 10.08.2017
Exhibit P8 THE TRUE COPY OF THE NOTICE DATED 11.09.2018
Exhibit P9 THE TRUE COPY OF POSSESSION NOTICE ISSUED BY
THE 2ND RESPONDENT DATED 19.02.2019
Exhibit P10 A TRUE COPY OF THE LIST OF DOCUMENTS FILED BY
THE 1ST RESPONDENT BANK BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT, MANJERI IN
CONNECTION WITH C.M.P NO. 4539/2019 IN M.C.
NO. 250/2019 DATED 08.11.2019
Exhibit P11 A TRUE COPY OF THE PETITION DATED 10.10.2019
AS C.M.P OF 2019
Exhibit 12 A TRUE COPY OF THE INTERIM REPORT ALONG WITH
THE INVENTORY OF MOVABLE ITEMS SUBMITTED BY
THE ADVOCATE COMMISSIONER
Exhibit 13 A REPORT TO THAT EFFECT, DATED NIL, WAS FILED
WP(C) NO. 29210 OF 2025
2026:KER:8846
BY THE ADVOCATE COMMISSIONER.
Exhibit 14 A TRUE COPY OF THE PETITION, M.P. NO.
4645/2025 IN M.C. NO. 250/2019 ON THE FILES
OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE
COURT, MANJERI,
Exhibit 15 A TRUE COPY OF THE COMPLAINT, ALONG WITH
POSTAL RECEIPTS EVIDENCING DISPATCH
Exhibit P16 THE COPY OF THE JUDGEMENT IN WP( C)
14531/2025 DATED 11.04.2025 OF HONOURABLE
HIGH COURT OF KERALA
Exhibit P17 THE COMMUNICATION OF THE HIGH COURT
REGISTRAR(JUDICIAL ) TO THE PETITIONER DATED
19.09.2025
Exhibit P18 F.I.R HAVING CRIME NO. 1180 /2025 DATED
18.10.2025,OF KONDOTTY POLICE
Exhibit P19 A TRUE COPY OF THE NOTICE DATED 03.01.2025
ISSUED BY THE ADVOCATE COMMISSIONER
Exhibit P20 A TRUE COPY OF THE SAID ORDER DATED
01.12.2025
Exhibit P21 Series TRUE COPY OF THE CENTRAL REGISTRY OF
SECURITISATION ASSET RECONSTRUCTION AND
SECURITY INTEREST (CERSAI) SEARCH REPORT, SET
UP BY THE CENTRAL GOVERNMENT UNDER SECTION 20
OF THE ACT, RELATING TO THE SECURED ASSETS
CREATED BY M/S. SAFA TRADERS IN FAVOUR OF ING
VYSYA BANK LTD., CALICUT, IN RESPECT OF THE
PROPERTY OWNED BY R4 , R5 AND THE HUSBAND OF
THE PETITIONER, P. MOHAMMED, WHICH EXPIRED ON
28.09.2020,
Exhibit P22 TRUE COPY OF THE CENTRAL REGISTRY OF
SECURITISATION ASSET RECONSTRUCTION AND
SECURITY INTEREST (CERSAI) SEARCH REPORT
RELATING TO THE SECURED ASSETS CREATED BY
M/S. SAFA TRADERS IN FAVOUR OF ING VYSYA BANK
LTD., CALICUT
