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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Authorised Officer, HDFC Bank Limited – Appellant
Versus
Narayanan Potty V., S/o. Vasudevan Potty – Respondent
JUDGMENT :
Anil K. Narendran, J.
The respondents in W.P.(C)No.12280 of 2025 have filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act, 1958, challenging the order dated 27.08.2025 of the learned Single Judge in I.A.No.4 of 2025 in that writ petition.
2. W.P.(C)No.12280 of 2025 was filed by the respondents herein, who had availed a loan from HDFC Bank Limited, the 2nd appellant herein, for purchasing a vehicle bearing Reg.No.KL- 01/CT-9091. When the respondents defaulted repayment, the authorised officer of the Bank, the 1st appellant herein, issued Ext.P1 notice dated 27.12.2024, invoking the provisions under Section 13 (2) of the Securitisation and Reconstruction of Financial assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), demanding a payment of Rs.13,74,452.13 together with future interest at the contractual rate and penal interest, with effect from 25.12.2024. In Ext.P1 notice it is stated that on account of default in repayment of the secured debt, the account has been classified as a Non-Performing Asset (NPA) on 03.09.2024. On receipt of Ext.P1 notice, the respondents herein have submitted Ext.P2 objection dated 0
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Financial institutions must follow statutory procedures when dealing with MSME classification and recovery; non-compliance can render actions invalid, emphasizing the need for judicial adherence to e....
(1) Writ petitions filed against proposed action under Section 13(4) of SARFAESI Act is not maintainable and/or entertainable at all.(2) Recovery of debt – High Court should have been extremely caref....
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