JUDGMENT

(Dated this the 20^th day of November, 2025)

The petitioner availed a term loan from the 1^st respondent bank, by mortgaging the property in Re-Sy No.516/12/1 and a building situated therein in Block No.18 of Panmana Village, Karunagappally Taluk, Kollam District. There was default in repaying the loan amount. The 1^st respondent initiated proceedings under the SARFAESI Act , and issued notice under Section 13(2) demanding a sum of Rs.91,73,000/- (Ext.P1). Subsequently, the bank filed M.C. No.1570/2025 and an Advocate commissioner was appointed to take physical possession, who issued Ext.P3 notice dated 04.11.2025 informing that the physical possession will be taken on 21.11.2025.

2. The case of the petitioner is that he has been ill for the last several months and so, the petitioner could not obtain a certified copy of the documents and that he is having serious objections regarding the claim of the 1^st respondent. He submits that he is not able to remit the amount as demanded and seeks an order issuing direction to the 1^st respondent Bank not to initiate SARFAESI proceedings against the secured assets.

3. The learned counsel for the respondent Bank vehemently opposed the same