MARIA NEDUMPARA
Advocate
NEDUMPARA & NEDUMPARA ADVOCATES
101, Gundecha Chambers, Nagindas Master Rd, Kala Ghoda, Fort, Mumbai, Maharashtra 400001
Mob: +91 98205 35428/94471 65651
E-mail: mathewsjnedumpara@gmail.com
17.6.2026
To,
The Hon’ble Chief Justice
High Court of Kerala,
Through the Registrar General, Judicial.

Also to,

1. JM FINANCIAL ASSET RECONSTRUCTION COMPANY,PRIVATE LIMITED,
   HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, CNERGY,
   APPASAHEB MARATHE MARG,
   PRABHADEVI,MUMBAI REPRESENTED BY ITS VICE PRESIDENT,
   ASHUTOSH
   ROHATGI, PIN – 400025
2. AUTHORIZED OFFICER,
   JM FINANCIAL ASSET RECONSTRUCTION COMPANY,
   PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, CNERGY,
   APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI, PIN – 400025
3. THE FEDERAL BANK LIMITED,
   REPRESENTED BY ITS CHIEF MANAGER, VYTILLA
   BRANCH, THAMMANAM ROAD, VYTILLA JUNCTION,
   ERNAKULAM, PIN – 682019
4. THE AUTHORISED OFFICER,
   THE FEDERAL BANK LIMITED,
   REPRESENTED BY ITS CHIEF MANAGER, VYTILLA VRANCH,
   THAMMANAM ROAD, VYTILLA JUNCTION,
   ERNAKULAM, PIN – 682019
5. UNION OF INDIA,
   REPRESENTED BY SECRETARY TO MINISTRY OF FINANCE,
   DEPARTMENT OF FINANCIAL SERVICES,
   JEEVAN DEEP BUILDING, PARLIAMENT
   HOUSE, NEW DELHI , PIN – 110001
6. MINISTRY OF MSMES,GOVERNMENT OF INDIA,
   REPRESENTED BY THE SECRETARY,
   GOVERNMENT OF INDIA, UDHYOG BHAVAN,
   NEW DELHI, PIN – 110011
7. RESERVE BANK OF INDIA,REPRESENTED BY ITS GOVERNOR,
   NEW CENTRAL OFFICE BUILDING, SHAHID BHAGAT,
   SINGH ROAD, FORT, MUMBAI, PIN -400001
8. STATE OF KERALA,
   REPRESENTED BY ITS CHIEF SECRETARY,
   GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001
9. ADV. NIYATHA RAJEEV, ADVOCATE COMMISSIONER
   APPOINTED IN MC 19/2024 FILES OF ADDITIONAL CJM (SPECIAL COURT FOR MP”S & MLA S),
   ERNAKULAM BAR ASSOCIATION, ERNAKULAM, PIN – 682031
10. STATION HOUSE OFFICER,
    PALARIVATTOM POLICE STATION, PALARIVATTOM
    P.O., PIN – 682025
11. STATION HOUSE OFFICER,
    MARADU POLICE STATION, MARADU P.O., PIN -682304
12. STATION HOUSE OFFICER,
    CHOTTANIKKARA POLICE STATION,
    CHOTTANIKKARA P.O., PIN – 682312

May it please your Lordship,

Sub: Constitution of a Bench – Attempt to take illegal possession of our client’s properties in the purported execution of the order of the Magistrate under Section 14 of the SARFAESI Act while WP (C) no. 10549/2026 is pending adjudication by the Hon’ble High Court of Kerala.

1. Our client has informed us that in gross contempt of the majesty of the law, nay, contempt of court, JM Financial Asset Reconstruction Company and its officers, Respondent nos. 1 and 2, the Advocate Commissioner, Respondent no. 9 along with the police have come to the property which the Respondent claims to be a secured asset, inspite of the fact that this Hon’ble Court had admitted the said writ petition and had ordered notice to the Respondents. The aforesaid case came up for hearing a few days before namely on 11.12.2026 and the Court was pleased to adjourn the matter for further hearing to 24.6.2026. The reason for adjourning the case was that the notice to Respondent nos. 1 and 2, namely, JM Financial and its Authorised officer was not served. The order reads thus: “Adv. Mohan Jacob Georgetakes notice for the respondents 3 and 4. Service on respondents 1 and 2 not yet complete. Await return of notice on respondents 1 and 2. Post on 24.6.2026.”
2. On coming to know of the illegal attempt to take forceful possession of the property, we contacted the Advocate Commissioner over phone and told her that to take possession of our client’s property while the Court is in seisin of the matter, that too, without any notice whatsoever, by the Advocate Commissioner who is a Respondent no. 9 in the writ petition and on whom the notice has been served, amounts to interference with the administration of justice and gross and contumacious contempt of court. I could not bring the matter to the notice of the Hon’ble Court because the judge concerned had risen for the day. The attempt to take forceful possession of our client’s property as aforesaid is gross contempt of court, so too, gross violation of the constitutional and legal rights of our client. Ubi jus ibi remediam is a fundamental principle of law. The doors of the court are open even beyond court hours to render justice as in the instant case, to prevent forceful dispossession of a citizen of his property, nay, residential home as in the instant case.
3. I am addressing this letter simultaneously to the Authorised officer and the Advocate commissioner with a request to them to restrain from forcefully dispossessing our client from their properties including the residential home with the sole intention to frustrate and defeat our client from securing his properties by recourse to the jurisdiction of the Hon’ble Court under Article 226. The attempt on the part of the Respondent nos. 1, 2 and 9, an ARC and an Advocate Commissioner is absolutely illegal, malicious, fraudulent and a gross and contumacious contempt on the Hon’ble Court.
4. The Petitioner, a free citizen, has no reason to beg for mercy at the hands of the Authorised officer and Advocate Commissioner. He is entitled to protective orders at the hands of this Court. I am sorry I have to trouble the Hon’ble Chief Justice for the constitution of a bench but am left with no choice. I therefore, request the Hon’ble Chief Justice to constitute a bench as soon as is possible so that our client could seek and in all certainty secure appropriate orders pending final adjudication of the case which involves a substantial question of law as to whether a bank can invoke and pursue SARFAESI after it has invoked the Recovery of Debts and Bankruptcy Act inasmuch as the cause of action having merged with the decree ceases to be in existence, which renders it impossible in law to initiate a fresh action based on the very same cause of action.

With respectful regards,

Yours Sincerely,

MARIA NEDUMPARA