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2025 Supreme(Online)(KER) 9042

HIGH COURT OF KERALA
GOPINATH P, J
ALEYAMMA THOMAS – Appellant
Versus
CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: ANILKUMAR V. (VAZHARAMBIL), C.E. MANOJ NAIR, K.ANIL KUMAR (CHUNAKKARA), KIRAN JOHNY
For the Respondents: SRI. GOPIKRISHNAN NAMBIAR

Table of Content
1. review of a writ petition regarding loan recovery matters. (Para 1)
2. petitioner's failure to meet conditions imposed by the court. (Para 2)
3. limited jurisdiction under sarfaesi act restricts relief. (Para 3)

J U D G M E N T

This is the second round of litigation at the instance of the petitioner regarding the same loan, challenging the proceedings initiated by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (hereinafter referred to as the SARFAESI Act) to recover the amounts due under the said loan. The petitioner's son approached this court by filing W.P (C) No.2659/2025 which was dismissed on 10-02-2025 on the ground that the petitioner in that case had not shown bona fides and was therefore not entitled to any relief against the proceedings initiated under the SARFAESI Act in a writ petition under Article 226 of the Constitution of India. Notwithstanding the above, when this writ petition came up for consideration on 20-02-2025, this court passed the following order:-

“The learned standing counsel to get instructions. Taking of physical possession shall stand

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