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2026 Supreme(Online)(Ker) 14526

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
C.P.ABDUL RASHEED – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 16020 OF 2022

Advocates:
For the Appellants/Petitioners: SHRI.ANOOP V.NAIR, SRI.RAMESH CHAND, SMT.DEVI P., SHRI.A.K.ANANDA KRISHNAN
For the Respondents: SRI. K. M. FAISAL, GP, SRI. P.C. SASIDHARAN, SC

The legal necessity of compliance with interim orders prior to proceeding with enforcement actions under SARFAESI Act is emphasized.

Headnote:The writ petition concerns the challenge to a demand notice under Section 13(2) of the SARFAESI Act awarded by the Lok Adalath. The petitioner seeks to set aside this notice and a related order for possession. The Court noted the absence of further proceedings post interim order dated 27.05.2022, leading to the dismissal of the petition. The issue framed by the Court pertains to the legality of the demand notice and interim order compliance. The Court emphasizes the necessity of compliance before proceeding further. Consequently, the writ petition is closed with liberty.

JUDGMENT

(Dated this the 23rd day of February, 2026)

A demand notice under Section 13(2) of the SARFAESI Act awarded by the Lok Adalath and notice issued by the Advocate Commissioner to take physical possession are sought to be set aside in this writ petition. An interim order was passed on 27.05.2022 and coercive proceedings stand deferred on condition that the petitioner remits Rs.2 lakhs within a period of three weeks. After 27.05.2022, there are no postings for this writ petition and it is also not discernible whether the interim order is complied with or not.

In such circumstances, the writ petition is closed with liberty.

Sd/-

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2026 Supreme(Online)(Ker) 14526

IN THE HIGH COURT OF KERALA AT ERNAKULAMBASANT BALAJI, JC.P.ABDUL RASHEED – AppellantVersusTHE STATE OF KERALA – RespondentWP(C) NO. 16020 OF 2022

The legal necessity of compliance with interim orders prior to proceeding with enforcement actions under SARFAESI Act is emphasized.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
C.P.ABDUL RASHEED – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 16020 OF 2022