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2025 Supreme(Online)(KER) 11890

HIGH COURT OF KERALA
GOPINATH P, J
FATHIMA P.I., JAMEELA – Appellant
Versus
UJJIVAN SMALL FINANCE BANK – Respondent


Advocates:
For the Appellants/Petitioners: P.A.AYUB KHAN NIJI, K.SHAHUL
For the Respondents: VINO JOSE (SC)

Table of Content
1. challenge against sarfaesi act proceedings. (Para 1)
2. observations on default in payments by petitioners. (Para 2)
3. dismissing of the writ petition due to lack of bona fides. (Para 3)

JUDGMENT

This writ petition has been filed challenging the proceedings initiated against the petitioners under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to recover amounts due under credit facilities availed by the petitioners from the respondent bank.

2. On 31-12-2024, this Court passed the following interim order:

“Await return of notice.

There will be an interim order staying further proceedings pursuant to Ext.P2 for a period of two weeks, on condition that the petitioners shall remit an amount of Rs.3,00,000/- (Rupees three lakh only) within two weeks.

Post on 15.01.2025.”

Thereafter, when the matter came up for consideration before this Court on 07-02-2025, this Court directed as follows:

“As a last chance, the time for payment of the amount directed to be paid in terms of the order dated 31-12-2024, is extended till

20-02-2025”.

Thereafter, further taking into consideration the submissio

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