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2025 Supreme(Online)(Ker) 52032

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RAJESH P – Appellant
Versus
THE BRANCH MANAGER AXIS BANK LTD. – Respondent
CRL.MC NO. 10369 OF 2025 | M.C.NO.744 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.SONNYMON K. MATHEW
For the Respondents: SHRI.P.PAULOCHAN ANTONY, SHRI. G.VISWANATHAN, SHRI.SREEJITH K., SRI.SANAL P. RAJ

Court's dismissal of the quash petition while allowing the petitioner to pursue further legal remedies.

Headnote:This judgment discusses the quashing of proceedings in M.C.No.744/2024 as per the request under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The case involves a petition by Rajesh P to contest the possession of his property by the Axis Bank, which was executed following an order by the Chief Judicial Magistrate. The court dismisses the application but allows the petitioner to seek further legal remedies.

Table of Content
1. quashing the proceedings regarding property possession. (Para 1 , 2)
2. submission of the bank regarding possession. (Para 3)

O R D E R

Dated this the 20th day of November, 2025 The Criminal Miscellaneous Case is filed to quash the entire proceedings in M.C.No.744/2024 on the file of the Court of the Chief Judicial Magistrate, Alappuzha (‘Trial Court’, in short), appointing an Advocate Commissioner to take possession of the petitioner’s property under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002.

2. I have heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned Public Prosecutor.

3. The learned counsel for the 1st respondent Bank submits that, pursuant to the impugned order, the 1st respondent Bank has already taken possession of the property on 23.10.2025.

In light of the above submission, this Crl.M.C is dismissed, but by reserving the right of the petitioner to work out his remedies, in accordance with law.

Sd/-

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