IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 28^TH DAY OF SEPTEMBER 2022 / 6TH ASWINA, 1944 WP(C) NO. 14720 OF 2022 PETITIONER/S:

RATHEESH. K AGED 38 YEARS RATHEESH. K, S/O KUNHIKANNAN, VENGATTU HOUSE, CHERUVATHUR P. O, KASARGOD DIST., KERALA, PIN - 671313 BY ADVS.

RAHUL SASI NEETHU PREM VIVEK.P.K MANU K. MURALI RESPONDENT/S:

1 THE MANAGER NILESHWAR CO-OPERATIVE URBAN BANK LTD., NILESHWAR, KASARGOD, KERALA, PIN - 671314

2 THE AUTHORISED OFFICER NILESHWAR CO-OPERATIVE URBAN BANK LTD., NILESHWAR, KASARGOD, KERALA, PIN - 671314 BY ADV LIJIN THAMBAN(K/211/2011)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner has approached this Court, challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, for recovery of the amounts due from the petitioner.

2. This Court had, on 29.04.2022, granted an interim order for a period of three months, on condition that the petitioner remits a sum of Rs.1,50,000/-, within three weeks from

29.04.2022.

3. When this matter is taken up for consideration today, learned counsel appearing for the respondent bank submitted that the petitioner has not complied with the condition imposed in the interim order dated 29.04.2022.

4. Having regard to the aforesaid facts, I am of the view that the petitioner has not shown his bona fides, entitling him to seek interference with the proceedings under the SARFAESI Act, within the limited jurisdiction exercised by this Court under Article 226 of the Constitution of India, in such matters.

The writ petition fails and accordingly, dismissed.

sd/-

GOPINATH P., JUDGE ajt APPENDIX OF WP(C) 14720/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSESSION NOTICE DATED

22.04.2022 ISSUED BY THE 1ST RESPONDENT BANK.