JUDGMENT : Viju Abraham, J. Petitioners have approached this Court with the following reliefs: i Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 3 and 4 to produce the original of Ext.P1 and Ext.P2 documents before the second respondent forthwith so as to enable the second respondent to disburse the compensation payable to the petitioners 2 and 3 as per Ext.P3 and Ext.P4 notices, after deducting/withholding the amount payable to the 3 rd respondent by the petitioners and pay the amount due from the petitioners to the bank directly to the bank, out of the compensation amount. i (a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Additional 5 th respondent to adjust an amount of Rs.22,55,576.15/- as per Ext.P8 from the amount transferred by the 2 nd respondent to the SB Account of the Additional 5 th respondent as per Proceedings No.A1- 3765/2022 dated 10.01.2023 and proceedings bearing No.A1-3763/2022 dated 10.01.2023 of the 2 nd respondent and release the balance amount to the petitioners, pending disposal of the writ petition. ii. Allow cost of the writ petition to the petitioners iii. Grant such other and further reliefs as this Court deems fit and proper in the facts and circumstances of the case. 2. The petitioners are guarantors and mortgaged the properties covered by Exts.P1 and P2. The specific case of the petitioners that SARFAESI proceedings were initiated regarding the cash credit facility, as evident from Ext.P8, wherein a demand was made for an amount of Rs.20,03,175.98/- as on 27.11.2019 with future interest at the rate of 4.20% per annum till the date of realisation. It is further contended by the petitioners that OA No.4 of 2016 was filed by the 3 rd respondent before the Debt Recovery Tribunal. Now, land acquisition proceedings were initiated against Exts.P1 and P2 properties, and the total amount awarded by the land acquisition authorities is Rs.68,49,028/-. Pursuant to the interim order passed by this Court on 18.10.2022, the 2nd respondent, Land Acquisition Officer, has transferred the award amount to the 5th respondent and as per the order, the 5th respondent was directed to adjust the amount due towards the loan account and return the excess amount available to the petitioners. Pursuant to the interim order passed by this Court on 18.10.2022, the 2nd respondent, Land Acquisition Officer, has transferred the award amount to the 5th respondent and as per the order, the 5th respondent was directed to adjust the amount due towards the loan account and return the excess amount available to the petitioners. Since the petitioners have taken a stand that the demand now made by the 5 th respondent is exorbitant and not in tune with the claim in Exts.P8 and P11, this Court, as per order dated 09.01.2025, directed the 5 th respondent to file an affidavit, taking into consideration Exts.P8 and P11 and to provide a detailed calculation statement by which the said amount was arrived at. Pursuant to the said direction, an affidavit has been filed by the 5 th respondent, wherein paragraphs 4 to 8 reads as follows: “4. It is admitted fact that below mentioned Credit facilities were availed by M/s. E K Computers and Accessories through its Proprietor Mr. Sudarsanan P, the brother of Petitioner No. 1 & 2. The Petitioner No. 1 was as Guarantor for Term Loan of Rs. 3,00,000.00 being LAN No. 902114414 and the Petitioner No. 2 & 3 were Guarantors for Secured OD Loan initially sanctioned for Rs. 10,00,000.00 and later enhanced to Rs.15,00,000.00 being LAN No.862043329. Sr.No Loan Account No. Nature of Facility Facilities availed Principle outstanding dues (in lakhs)as per OA No.04 of 2016 Payable with the interest with monthly/ quarterly rest Property mortgaged 1 862043329 Secured OD In year 2009 Rs.10 Lakhs enhanced in year 2012 to Rs.15 lakhs 1725268 13.95% 0.81 Ares of land by Petitioner No. (Ext P2 in the Petition) 0.94 Ares of land by Petitioner No. 2 and her husband Mr. Prabhakaran (Now deceased) (Ext P1 in the Petition) 2. 902114414 Term loan In year 2010 Rs.3 lakhs 113232 14.70% 3.20 Ares of land/by petitioner No.1 Hereto annexed and marked as Exhibit R5 (a) are the copies of the Sanction Letters dated 10.11.2009, 16.08.2010 and 10.05.2012 in respect of the aforesaid facilities. 5. Prabhakaran (Now deceased) (Ext P1 in the Petition) 2. 902114414 Term loan In year 2010 Rs.3 lakhs 113232 14.70% 3.20 Ares of land/by petitioner No.1 Hereto annexed and marked as Exhibit R5 (a) are the copies of the Sanction Letters dated 10.11.2009, 16.08.2010 and 10.05.2012 in respect of the aforesaid facilities. 5. It is submitted that the repayment of the said credit facilities was secured by Hypothecation of Goods, Produce, Merchandise and Stock and by mortgage of right, title and interest in the following properties: a) Property No. 1 belonging to Petitioner No. 1 covered by Document No. 323 /OF 1986 of SRO, Chavara All the piece and parcel of the 3,20 Ares of land in Sy No. 217/16 TPA/C No.2975 in Chavara Village and Karunagappally Taluk. Boundaries- Direction Location East Nilam South Nilam West Vazhi & Thara Pauirayidom North Nilam b) Property No. 2 belonging to Petitioner No. 3 covered by Document No. 1872 /1997 of SRO, Chavara and marked as Ext P2 in the Petition as mentioned hereinbelow All the piece and parcel of the 0.81 Ares of land and the residential buildings thereon in Re.Sy No.441/1-1, Panmana Village, Kollam Dirtrict, Chavara Sub District, Karungapally Taluk. Boundaries- Direction Description East Property of FKM Auditorium South Puramboke Land West National Highway North Property of FKM Auditorium c) Property No. 3 belonging to Petitioner No.2 and her husband Mr. Prabhakaran (Now deceased) and represented through legal heirs covered by Document No. 3353/1984 of SRO, Chavara and marked as Ext P1 in the Petition as mentioned hereinbelow All the piece and parcel of the 0.94 ares of land and building in Re Sy No.441/1 (total 1.75 ares) in panmana village and Karunagappally Taluk. Boundaries- Direction Property East Property of FKM Auditorium South Puramboke Land West National Highway North Property of FKM Auditorium 6. As the Borrower along with the Petitioners being the Mortgagors & Guarantors were not regular in repayment of the credit facilities availed and thus the loan account was declared as Non-performing Asset on 31.01.2014. In the said circumstances, the 3rd Respondent viz. Indian Bank had initiated the provisions of SARFAESI Act, 2002 and issued Notice U/s. 13 (2) of Act on 12.04.2014 calling upon Borrower & the Petitioners to pay an amount of Rs. In the said circumstances, the 3rd Respondent viz. Indian Bank had initiated the provisions of SARFAESI Act, 2002 and issued Notice U/s. 13 (2) of Act on 12.04.2014 calling upon Borrower & the Petitioners to pay an amount of Rs. 16,72,272/- as on 12.04.2014 together with interest from date of Notice till payment and or realization failing which the 3rd Respondent shall be exercising its rights under Section 13(4) of the Act in respect of the secured assets. Hereto annexed and marked as Exhibit R5(b) is the copy of the Notice dated 12.04.2014 issued by the Assignor Bank U/s. 13 (2) of the SARFAESI Act in respect of both the facilities viz. Secured Over draft Facility & Term Loan Facility. 7. It is submitted that being aggrieved by the issuance of the Possession Notice U/s. 13 (4) of the SARFAESI Act by the 3rd Respondent Assignor Bank, the Petitioner Nos. 1 to 3 had challenged the same before the Hon'ble DRT, II Ernakulum by filing SA No. 319 of 2014 and the said SA was disposed off by Order dated 04.03.2016. The said fact has been admittedly suppressed by the Petitioners from this Hon'ble Court in the present Petition. Hereto annexed and marked as Exhibit R5(c) is the copy of the Possession Notice U/s. 13 (4) and Exhibit R5(d) is the copy of the details of said SA reflecting on DRT website. 8. Subsequently in the year 2016 the 3rd Respondent viz. Indian Bank had filed Original Application before the DRT-II, Ernakulam numbered as O.A No:4/2016 for recovery of their legitimate outstanding dues aggregating to Rs. 18,38,500/- as on 14.03.2016 under the Secured Over draft Facility & Term Loan Facility and for enforcement of mortgage which is still pending.” 3. A reply affidavit has been filed refuting the said claim stating that the interest claimed is exorbitant. 4. I have considered the rival contentions on both sides. 5. The only contention now raised by the petitioners is regarding the interest claimed by the 5th respondent and submits that it is exorbitant and not in tune with Exts.P8 and P11 proceedings initiated by the respondent bank. This Court cannot adjudicate on such disputed questions of fact, and the petitioners have an alternate remedy to approach the appropriate competent civil court for adjudicating such a claim. 6. This Court cannot adjudicate on such disputed questions of fact, and the petitioners have an alternate remedy to approach the appropriate competent civil court for adjudicating such a claim. 6. Taking into consideration, the above facts and circumstances, I am inclined to dispose of the writ petition as follows: The 5 th respondent shall disburse an amount of Rs.18,26,219/- to the petitioners, within a period of two weeks from the date of receipt of a copy of this judgment. Since the above said amount was deposited with the 5 th respondent bank, the interest accrued on the said deposit shall also be disbursed to the petitioners along with the amount of Rs.18,26,219/- as directed above. Since the acquisition was in respect of only two schedule of property, and three schedule of property has been mortgaged, the title deed of the property mortgaged other than the one involved in the acquisition proceedings shall be returned to the petitioners. It is made clear that the above said amount shall be disbursed and the title deeds returned to the petitioners only on the bank being satisfied that the petitioners are entitled to receive the same, since the bank made some apprehension that some others may raise a claim in future. If the petitioners have any subsisting claim or any dispute regarding interest claimed by the 5th respondent, the petitioners will be free to initiate appropriate proceedings for recovery of the same. It is made clear that the period spent by the petitioners in prosecuting the present writ petition shall be excluded while computing the period of limitation, for initiating any such proceedings.