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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Nitin Jamdar, CJ, S. Manu, J
Borrower – Appellant
Versus
Bank – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and initial facts regarding the loan default. (Para 1 , 2) |
| 2. arguments concerning the timeliness and legitimacy of the securitisation application. (Para 4 , 5 , 6) |
| 3. court's observations on the application of the limitation act and judicial behavior. (Para 7 , 8 , 9) |
| 4. final decision underscoring the dismissal of the appeal. (Para 10) |
1. The Appellant - Borrower of Respondent No.1 - Bank has filed this Appeal under S.5 of the Kerala High Court Act, 1958 challenging the judgment of the learned Single Judge dated 29 November 2024 in W.P.(C). No. 6349 of 2023. Respondent No.3 is the Auction Purchaser of the property. In the writ petition, the Appellant challenged the order passed by the Debts Recovery Appellate Tribunal (DRAT) dismissing R.A. (S.A.)No. 75 of 2019.
2. The Appellant had obtained a loan from the Respondent - Bank on 29 June 2022 to the tune of Rs.52 lakhs. An equitable mortgage was created in respect of the property to the extent of 12.795 cents in Kowdiar Village, Thiruvananthapuram. Since the Appellant failed to repay the loan, the Respondent - Bank classified the loan account of the Appellant as a Non - Performing Asset. Notice
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