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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S.TH, JJ
A K S COLD STORAGE LTD. – Appellant
Versus
RESERVE BANK OF INDIA – Respondent
| Table of Content |
|---|
| 1. context of the legal challenge to possession notice. (Para 2 , 3) |
| 2. key findings related to npa and effective remedies. (Para 4 , 5) |
| 3. legal framework regarding sarfaesi act and exhaustion of remedies. (Para 11 , 12 , 13 , 14 , 16) |
JUDGMENT
Muralee Krishna, J.
The petitioners in W.P.(C)No.21471 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 24.06.2025 in that writ petition and the order dated 24.10.2025 in R.P.No.1093 of 2025, passed by the learned Single Judge.
2. The appellants filed W.P.(C)No.21471 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of mandamus commanding the respondents to withdraw all further proceedings against the appellants under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘ SARFAESI Act ’ in short), especially against the property measuring 1.06 acres in Survey Nos.502/2 and 507/1 situated in Pudussery Central Village, Palakkad Taluk, belonging to the 5th respondent and all the assets situated therein. The appellants have also sought for a writ
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