Kerala High Court
Baby Mathew vs The South Indian Bank Ltd on 7 August, 2025
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 28772 OF 2025
PETITIONER/S:
1 BABY MATHEW,
AGED 67 YEARS
S/O MATHEW, THEKKEVATTAKUNNEL HOUSE,
NAKAPUZHA P.O, ERNAKULAM, PIN - 686668
2 BESSY BABY,
AGED 62 YEARS
W/O BABY MATHEW,THEKKEVATTAKUNNEL HOUSE, NAKAPUZHA
P.O, ERNAKULAM, PIN - 686668
BY ADVS.
SHRI.R.PADMARAJ
SMT.SREEDEVI V.S.
SHRI.SAJEEVAN V.T.
RESPONDENT/S:
1 THE SOUTH INDIAN BANK LTD,
REPRESENTED BY ITS CHIEF MANAGER,REGIONAL OFFICE,
1ST FLOOR, REGENCY SQUARE,COLLECTORATE P.O,
KOTTAYAM, PIN - 686002
2 THE MANAGER,
THE SOUTH INDIAN BANK LTD,BRANCH: KALOOR VIA
KALLOORKKAD,ERNAKULAM DISTRICT, PIN - 686668
3 THE RECOVERY OFFICER,
ATTACHED TO THE DEBTS RECOVERY TRIBUNAL- I,2ND
FLOOR, KERALA HOUSING BOARD BUILDING,MANORAMA
JUNCTION, PANAMBILLY NAGAR,ERNAKULAM, KOCHI,
PIN - 682036
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
2
4 THE AUTHORISED OFFICER,
THE SOUTH INDIAN BANK LIMITED,THODUPUZHA MAIN
BRANCH,THODUPUZHA,IDUKKI, PIN - 685584
BY ADVS.
SHRI.SUNIL SHANKER, SC
SMT.VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2025, ALONG WITH WP(C).28218/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 28218 OF 2025
PETITIONER/S:
1 BABY MATHEW,
AGED 67 YEARS
S/O MATHEW, THEKKEVATTAKUNNEL HOUSE,NAKAPUZHA P.O,
ERNAKULAM, PIN - 686668
2 BESSY BABY,
AGED 62 YEARS
W/O BABY MATHEW, THEKKEVATTAKUNNEL HOUSE,NAKAPUZHA
P.O, ERNAKULAM, PIN - 686668
BY ADVS.
SHRI.R.PADMARAJ
SHRI.SAJEEVAN V.T.
SRI.R.AJITH KUMAR [V.K.EDOM]
SHRI.ARJUN S. PRAKASH
SHRI.ANAND SASIDHARAN
SMT.SREEDEVI V.S.
SRI.M.J.BENNY
RESPONDENT/S:
1 THE SOUTH INDIAN BANK LTD.,
REPRESENTED BY ITS CHIEF MANAGER, REGIONAL OFFICE,
1ST FLOOR, REGENCY SQUARE,COLLECTORATE P.O,
KOTTAYAM, PIN - 686002
2 THE MANAGER,
THE SOUTH INDIAN BANK LTD,BRANCH: KALOOR VIA
KALLOORKKAD,ERNAKULAM DISTRICT, PIN - 686668
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
4
3 THE RECOVERY OFFICER,
ATTACHED TO THE DEBTS RECOVERY TRIBUNAL- I,2ND
FLOOR, KERALA HOUSING BOARD BUILDING, MANORAMA
JUNCTION, PANAMBILLY NAGAR,ERNAKULAM, KOCHI, PIN -
682036
4 THE AUTHORISED OFFICER,
THE SOUTH INDIAN BANK LIMITED,THODUPUZHA MAIN
BRANCH,THODUPUZHA, IDUKKI, PIN - 685584
BY ADVS.
SHRI.SUNIL SHANKER, SC
SMT.VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2025, ALONG WITH WP(C).28772/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
5
JUDGMENT
WP(C) No.28218 of 2025 was filed on 30.07.2025 with the following prayers;
i. Issue a writ of mandamus or any other appropriate writ order or direction directing the 3rd respondent to drop the sale proclamation issued by him fixing the date of sale of the petitioners property on 31.07.2025 for realization of the debt amount due to the certificate holder bank in DRC No. 150/2023 in OA No. 25/2021. ii. Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to transfer the amount due to the 2nd petitioner along with interest from out of the surplus sale consideration kept with the 4th respondent as shown in the Exhibit P2 letter to the 3rd respondent for adjusting the same towards the decretal amount in DRC No. 150/2023 in OA. No 25/2021 and withdraw the said DRC.
iii. Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to consider the request of the petitioners for a one time settlement of the debt amount due to the bank in OA No. 25/2021 iv. Issue such other order or direction as may be deemed fit and proper to this Hon'ble Court in the facts and circumstances of the case.
v. to dispense with the production of English translation of documents in vernacular language.
2. The learned counsel on both sides submits that the sale took place on 31.07.2025.
3. The second writ petition No.28772 of 2025 was filed on 01.08.2025, praying for a direction against the 3 rd respondent, Recovery Officer, not to confirm the sale held on 31.07.2025.
2025:KER:59067 WP(C) NO.28772 & 28218 OF 2025 6
4. The petitioner also points out that he had moved the Recovery Officer of the Debts Recovery Tribunal by filing DRC No.150 of 2023, challenging the sale, and while it was pending, the sale took place.
5. It is submitted by both sides that Ext.P5 application is presently posted before the Recovery Officer on 12.08.2025 for hearing. Accordingly, there will be a direction to the 3rd respondent Recovery Officer to hear both sides and pass orders in accordance with law within three weeks from the date of receipt of a copy of this judgment. All further proceedings pursuant to the sale held on 31.07.2025 will be deferred till orders are passed as directed above.
These writ petitions are disposed of as above.
SD/-
MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:59067 WP(C) NO.28772 & 28218 OF 2025 7 APPENDIX OF WP(C) 28772/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECOVERY CERTIFICATE ISSUED BY THE DEBTS RECOVERY TRIBUNAL-1, ERNAKULAM DATED 02.08.2023 Exhibit P2 A TRUE COPY OF THE LETTER DATED 06.04.2023 RECEIVED BY THE 2ND PETITIONER FROM THE CHIEF MANAGER OF THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, KOTTAYAM Exhibit P3 A TRUE COPY OF THE WILL DEED DATED 04.07.2008 EXECUTED BY LATE C.A. MATHEW ALONGWITH AN ENGLISH TRANSLATION OF THE SAME Exhibit P4 A TRUE COPY OF THE LETTER DATED 16.07.2025 SENT BY THE PETITIONERS TO THE REGIONAL OFFICE OF SOUTH INDIAN BANK, KOTTAYAM Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 21.07.2025 FILED BY THE PETITIONERS BEFORE THE RECOVERY OFFICER, DRT-1, ERNAKULAM ALONG WITH ADVANCE HEARING PETITION Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 30.07.2025 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT-RECOVERY OFFICER Exhibit P7 A TRUE COPY OF THE REPLY LETTER DATED 28.07.2025 RECEIVED FROM THE CHIEF MANAGER OF THE REGIONAL OFFICE OF SOUTH INDIAN BANK, KOTTAYAM 2025:KER:59067 WP(C) NO.28772 & 28218 OF 2025 8 APPENDIX OF WP(C) 28218/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECOVERY CERTIFICATE ISSUED BY THE DEBTS RECOVERY TRIBUNAL-1, ERNAKULAM DATED 02.08.2023 Exhibit P2 A TRUE COPY OF THE LETTER DATED 06.04.2023 RECEIVED BY THE 2ND PETITIONER FROM THE CHIEF MANAGER OF THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, KOTTAYAM Exhibit P3 A TRUE COPY OF THE WILL DEED DATED 04.07.2008 EXECUTED BY LATE C.A. MATHEW ALONGWITH ITS ENGLISH TRANSLATION Exhibit P4 A TRUE COPY OF THE LETTER DATED 16.07.2025 SENT BY THE PETITIONERS TO THE REGIONAL OFFICE OF SOUTH INDIAN BANK, KOTTAYAM Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 21.07.2025 FILED BY THE PETITIONERS BEFORE THE RECOVERY OFFICER, DRT-1, ERNAKULAM ALONG WITH ADVANCE HEARING PETITION