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2025 Supreme(Online)(Ker) 55610

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
M/s.M.D. Esthappan – Appellant
Versus
Dhanalaxmi Bank Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Not specified in the text
For the Respondents: Not specified in the text

1. These writ appeals filed under S.5(i) of the Kerala High Court Act , 1958, arise out of the common judgment dated 11.03.2025 of the learned Single Judge in W.P.(C)Nos.45166 of 2024 and 46514 of 2024. The 1st appellant in W.A.No.481 of 2025, arising out of W.P.(C)No.45166 of 2024, is M/s.M.D. Esthappan, a sole proprietorship concern, and the 2nd appellant M.D. Esthappan is the sole proprietor of the said concern. The 1st appellant in W.A.No.484 of 2025, arising out of W.P.(C)No.46514 of 2024, is M/s.M.D. Esthappan Infrastructure Pvt. Ltd., a company incorporated under the Companies Act, 1956, and the 2nd appellant M.D. Esthappan is the Managing Director of the said company.

2. The appellants in W.A.No.481 of 2025 filed W.P.(C)No. 45166 of 2024 challenging the proceedings initiated by the 3rd respondent Dhanalaxmi Bank Ltd. under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( SARFAESI Act ), seeking the following reliefs;

(a) To declare that the failure on the part of the Central Government / RBI to implement the MSMED notification dated 29.5.2015, in particular, to ensure that the Board of Directors of

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