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2025 Supreme(Online)(Ker) 44170

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SIVAKUMAR P. – Appellant
Versus
ICICI BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.E.A.BIJUMON, SHRI.SREEHARI V.
For the Respondents: SHRI.P.SATHISAN, SHRI.SHIBU B.S, SHRI.BIJU P.PAUL, SHRI.ALVIN JEWEL S.S, SMT.VIDHYA T.U, SMT.ANTIJA JAMES, SMT.SWALIHA SELMI T.R, SMT.LEENA VARGHESE

Table of Content
1. challenge to secured creditor's sale actions. (Para 1)
2. exclusion of specific time for limitation. (Para 2)

J U D G M E N T

This writ petition is filed with the following prayers;

“(i) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to nullify the sale proceedings, and sale if carried out illegally and issue fresh sale notice and enable the petitioner to approach the statutory form Debt Recovery Tribunal – I Ernakulam through filing securitization Application.

(ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to provide all loan related documents, statement of account and statutory notices issued by the respondent bank for the recovery procedure under securitization Act,2002.

(iii) Dispense with filing the translation of vernacular documents.

(iv) issue such other further reliefs as are necessary in the interests of justice.”

2. The remedy of the petitioner is to challenge the sale/actions of the secured creditor, invoking Section 17 of the SARFAESI Act .

Without prejudice to the right of the petitioner to avail of the same, and without prejudice to any of the co

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