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2025 Supreme(Online)(Ker) 27037
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SUBAIDA ASHRAF – Appellant
Versus
THE AUTHORIZED OFFICER, KERALA STATE CO-OPERATIVE BANK – Respondent
WP(C) NO. 14794 OF 2025
For the Appellants/Petitioners: SRI.T.MADHU, SMT.C.R.SARADAMANI, SHRI.RENJISH S. MENON, SMT.ALEENA JOSE, SMT.AVANTHIKA R., SHRI.KARTHIK KRISHNA M.
For the Respondents: SHRI.M.SASINDRAN
The court emphasized the necessity to exhaust remedies under the SARFAESI Act, deferring coercive actions pending alternate remedy exploration.
Headnote:In this case concerning Writ Petition (Civil) No. 14794 of 2025, the petitioner challenged actions by the secured creditor under the SARFAESI Act, while previously having filed W.P.
(C) No. 21066 of 2022 regarding another loan. The Court noted compliance with an interim order to deposit Rs. 2,00,000/- and directed the petitioner to pursue remedies under Section 17 of the SARFAESI Act. The primary issue dealt with whether the petitioner had sought relief for the same loan. The Court concluded that further coercive actions against the petitioner shall be deferred for three weeks to avail alternate remedies. The writ petition is disposed of as above.
JUDGMENT
The petitioner had earlier filed W.P.(C) No.21066 of 2022, challenging the actions of the secured creditor initiated under the SAFAESI Act, in which the petitioner was granted an instalment facility and which admittedly was not complied with. This is the second writ petition filed by the petitioner. Though the learned counsel for the petitioner submits that the earlier writ petition was with respect to some other loan, this is disputed by the learned counsel for the respondent bank. This Court had passed an interim order on 27.05.2025, directing the petitioner to remit an amount of Rs.2,00,000/- which has been complied with. 2. Taking note of the fact that the interim order has been complied with and taking note of the dispute between the parties as to whether, for the same loan the petitioner had earlier approached, I am inclined to direct the petitioner to avail of the remedies under Section 17 of the SARFAESI Act, 2002 , if they are aggrieved by the actions of the secured creditor. Without prejudice to the right of the petitioner to avail of the same, the writ petition is closed. Taking note of the fact that the petitioner has complied with the interim order passed by this Court and to enable the petitioner to avail the alternate remedy, all further coercive proceedings against the petitioner shall be deferred for three weeks.
The writ petition is disposed of as above.
