“C.R.”

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

THURSDAY, THE 11^TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 WP(C) NO. 11797 OF 2018 PETITIONER/S:

JASMIN K.

AGED 56 YEARS ARACKAKUNNEL, KODIMATHA, KOTTAYAM-686013.

BY ADV SRI.T.M.ABDUL LATHEEF RESPONDENT/S:

1 STATE BANK OF INDIA RACPC, 3RD FLOOR, OPP.BCM COLLEGE, K.K ROAD, KOTTAYAM-686001, REPRESENTED BY THE ASSISTANT GENERAL MANAGER.

2 THE ASSISTANT GENERAL MANAGER STATE BANK OF INDIA, RACPC, 3RD FLOOR,OPP. BCM COLLEGE, K.K ROAD, KOTTAYAM-686001.

3 THE AUTHORIZED OFFICER STATE BANK OF INDIA, RACPC, 3RD FLOOR, OPP. BCM COLLEGE, K.K ROAD, KOTTAYAM-686001.

BY ADVS.

SRI.T.SETHUMADHAVAN (SR.)

DEEPA NARAYANAN SRI. JAYESH MOHAN KUMAR, SC, STATE BANK OF TRAVANCORE OTHER PRESENT:

SRI.T,SETHUMADHAVAN, SENIOR ADVOCATE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.04.2024, THE COURT ON 11.04.2024 DELIVERED THE FOLLOWING:

“C.R.”

J U D G M E N T A riveting question has emerged in this writ petition. Whether the Secured Creditor is entitled to continue with the measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 once a civil suit