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2026 Supreme(Online)(Ker) 1807

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
ABHIJITH B – Appellant
Versus
BANK OF MAHARASHTRA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.M.S.KIRAN
For the Respondents: MR ROHAN BOLAR

JUDGMENT

Anil K. Narendran, J.

The appellant filed W.P.(C)No.33994 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the proceedings initiated by the 1st respondent Bank of Baroda under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and consequential proceedings pursuant to Ext.P1 notice dated 30.08.2025 issued by the Advocate Commissioner appointed by the Chief Judicial Magistrate, Kollam in M.C.No.689 of 2025, in a proceedings initiated by the 1st respondent Bank under the provisions of of the said Act; and a declaration that any action under of the SARFAESI Act, without initiating a legal mandate against the legal heirs of the deceased guarantor, is illegal and void.

2. Going by the averments in the writ petition, the appellant petitioner is one of the legal heirs of late Babu S., who stood as a guarantor in the credit facilities availed by the 2nd respondent M/s. Vaidhyadharma Herbals, from the 1st respondent Bank. Respondents 3 and 4, who are partners of the 2nd respondent Firm are also

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