JUDGMENT :

K. BABU, J.

1. The prayers in this Original Petition filed under Article 227 of the Constitution of India are as follows:

“Therefore the honourable High Court of Kerala may be pleased to issue notice to the respondents and after hearing there may be an order:

(a) Setting aside Exhibit P4 order in I.A. No. No. 2750 of 2023 in S.A. No. 448 of 2023 of Debt Recovery Tribunal-2, Ernakulam.

(b) Directing the Debt Recovery Tribunal-2, Ernakulam to consider all questions such as prima facie case, irreparable injury and balance of convenience etc. of the parties and pass fresh order in I.A. No. No. 2750 of 2023 in S.A. No. 448 of 2023 of Debt Recovery Tribunal-2, Ernakulam.

(c) Any other relief that the honourable court may deem appropriate to meet the ends of justice.”

Facts:

2. Petitioner No. 1 is a partnership firm registered under the Indian Partnership Act. Petitioner No. 2 is the Managing Partner of the firm. Petitioner No. 3 is one of the partners. Petitioner No. 4 is a guarantor of the loan availed by petitioner No. 1 from respondent No. 1, the bank (secured creditor).

2.1. On 15.12.2017, petitioner No. 2 had availed a credit facility from the bank to the tune of Rs. 10 Crores in