Kerala High Court
Thomas Joseph vs Reserve Bank Of India on 26 June, 2025
2025:KER:46220
WP(C) No. 23474 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(C) NO. 23474 OF 2025
PETITIONERS:
1 THOMAS JOSEPH,
AGED 60 YEARS, S/O JOSEPH,
RESIDING AT MANAYANICKAL,
VENGALLOOR, THODUPUZHA,
KOLANI, IDUKKI, PIN-685608
2 SINI THOMAS,
AGED 54 YEARS, W/O THOMAS JOSEPH,
RESIDING AT MANAYANICKAL,
VENGALLOOR, THODUPUZHA,
KOLANI, IDUKKI, PIN-685608
BY ADVS.
SHRI.LAL K.JOSEPH
SRI.P.MURALEEDHARAN (THURAVOOR)
SMT.T.A.LUXY
SHRI.SURESH SUKUMAR
SRI.ANZIL SALIM
SHRI.SANJAY SELLEN
SMT.SONIA SHIBU
SHRI.AKASH GEORGE
SMT.AAMINA RAFEEK
RESPONDENTS:
1 RESERVE BANK OF INDIA,
BANERJI ROAD, ERNAKULAM NORTH, KALOOR,
ERNAKULAM, KERALA, PIN-682018
2025:KER:46220
WP(C) No. 23474 of 2025
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2 KARNATAKA BANK LTD.,
NO. 584, KARIMATTOM PLAZA,
RAILWAY STATION ROAD,
NEAR INTERNATIONAL ACADEMY,
NAGAMPADAM, KOTTAYAM, KERALA,
REPRESENTED BY ITS CHIEF MANAGER,
PIN-686001
SMT. O.M. SHALINA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 23474 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No.23474 of 2025
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Dated this the 26th day of June, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i) Issue a Writ of Certiorari or any other Writ or Order to quash Exbt P4, Exbt P5, Exbt P5(a) and Exbt P7, and all further proceedings pursuant thereto;
ii) To declaring that item No 1 and 2 in Exbt P7 is not liable to be proceeded under the SARFAESI Act, 2002;
iii) To declare that Exbt P8, P9, P10, P11, P12 and P13 registration are non est;
iv) Pass such other reliefs which this Hon'ble Court may deem fit in the facts and circumstances of the case.
2. The petitioners have an alternate, efficacious statutory remedy against the actions of the secured creditor.
Without prejudice to any of the contentions raised in the writ petition, and without prejudice to the right of the petitioners to 2025:KER:46220 WP(C) No. 23474 of 2025 -4- avail of the alternate remedy, this writ petition is closed. To enable the petitioners to avail of the alternate remedy, further proceedings pursuant to the sale will stand deferred for three weeks from today.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:46220 WP(C) No. 23474 of 2025 -5- APPENDIX OF WP(C) 23474/2025 PETITIONERS' EXHIBITS Exhibit P1 THE TRUE COPY OF THE CREDIT SANCTION INTIMATION DATED 18.02.2021 ISSUED BY THE 2ND RESPONDENT FOR AN AMOUNT OF RS. 8,00,00,000/-
Exhibit P2 THE TRUE COPY OF THE CREDIT SANCTION INTIMATION DATED 19.07.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE LEGAL NOTICE DATED 30.09.2024 Exhibit P4 THE TRUE COPY OF THE 13(2) NOTICE ISSUED BY THE BANK DATED 04.12.2024 Exhibit P5 THE TRUE COPY OF THE LETTER DATED 10.02.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P5(a) TRUE COPY OF THE ORDER DATED 08.01.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE RBI MASTER CIRCULAR RBI/DOR/2024-25/122- DOR.FIN.REC.NO. 31/20.16.003/2024-25 DATED 30.07.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P7 THE TRUE COPY OF THE SALE NOTICE DATED 20.05.2025 ISSUED BY THE 2ND RESPONDENT SENT TO THE PETITIONERS Exhibit P8 THE TRUE COPY OF THE CERSAI REGISTRATION WITH ASSET ID 200053767535 OF 1ST PETITIONER Exhibit P9 THE TRUE COPY OF THE CERSAI REGISTRATION WITH ASSET ID 200053767535 OF 2ND PETITIONER 2025:KER:46220 WP(C) No. 23474 of 2025 -6- Exhibit P10 THE TRUE COPY OF THE CERSAI REGISTRATION WITH ASSET ID 200053770585 OF 1ST PETITIONER Exhibit P11 THE TRUE COPY OF THE CERSAI REGISTRATION WITH ASSET ID 200053770585 OF 2ND PETITIONER Exhibit P12 THE TRUE COPY OF THE CERSAI REGISTRATION WITH ASSET ID 200053769682 OF 1ST PETITIONER Exhibit P13 THE TRUE COPY OF THE CERSAI REGISTRATION WITH ASSET ID 200053769682 OF 2ND PETITIONER Exhibit P14 THE TRUE PHOTOGRAPHS OF THE PROPERTY (9 NOS.)