Kerala High Court
Naseema P vs Canara Bank, Puthanathani Branch on 15 July, 2025
WP(C) NO. 23203 OF 2025 1
2025:KER:52557
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 23203 OF 2025
PETITIONER:
NASEEMA P.,
AGED 47 YEARS
W/O NAZAR PULLUNI, PULOONI HOUSE, THEYYALA POST,
NANNAMBRA, THEYYALINGAL, MALAPPURAM, PIN - 678320
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
SHRI.ITTOOP JOY THATTIL
RESPONDENTS:
1 CANARA BANK, PUTHANATHANI BRANCH,
PARAMBADAN ARCADE,AP3/607, NH JUNCTION,
PUNNATHALA,PUTHANATHANI, KERALA ,REPRESENTED BY ITS
BRANCH MANAGER, PIN - 676552
2 THE AUTHORISED OFFICER,
CANARA BANK, PUTHANATHANI BRANCH,PARAMBADAN
ARCADE,AP3/607, NH JUNCTION, PUNNATHALA,
PUTHANATHANI, KERALA ,REPRESENTED BY ITS BRANCH
MANAGER, PIN - 676552
SRI. M. GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23203 OF 2025 2
2025:KER:52557
JUDGMENT
The writ petition is filed with the following prayers.
(i) issue of a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext. P8 and all proceedings pursuant thereto and quash the same.
(ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents not to proceed with coercive proceedings under SARFAESI Act until further orders.
(iii) Issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents to permit the Petitioner to regularize the loan account 125003749330 and to remit the entire outstanding dues to the Bank in monthly installments.
(iv) Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.
(v) Issue such other appropriate order or direction dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.
2. An interim order was passed by this court on 24.06.2025 as follows.
"Notice before admission. The learned Standing Counsel takes notice for the respondents and seeks time to file a statement. To consider the prayers sought in the writ petition seeking instalment facility and to defer further coercive steps against the petitioner, as an interim measure, there will be a direction WP(C) NO. 23203 OF 2025 3 2025:KER:52557 to the petitioner to remit an amount of Rs.15,00,000/- (Rupees fifteen lakhs only) within three weeks. It is made clear that if the above payment is not made, the respondents will be at liberty to proceed further, in accordance with law. Post on 15.07.2025."
3. It is not disputed before me that no amount has been paid pursuant to the above order.
4. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act, as repeatedly held by the Honourable Supreme Court in several judgments, including in South Indian Bank Ltd. and Ors. v. Naveen Mathew Philip and Ors. [2023 17 SCC 311] that the powers conferred under Article 226 of the Constitution of India are rather wide but are required to be exercised only in extraordinary circumstances in matters pertaining to proceedings and adjudicatory scheme qua a statute, more so in commercial matters involving a lender and a borrower, when the legislature has provided for a specific mechanism for appropriate redressal. When this Court is approached with a prayer to permit the borrowers to clear the liability in instalments, the WP(C) NO. 23203 OF 2025 4 2025:KER:52557 borrowers must prove bona fides. The non-compliance of the interim order indicates that the petitioner in this case has not shown any bona fides to enable this Court to permit her to clear the liability in instalments.
5. Therefore, I find no reason to grant the reliefs sought for in this writ petition, and the same will stand dismissed without prejudice to the right of the petitioner to challenge the measures taken by the secured creditor as provided under the SARFAESI Act, if so advised.
The writ petition is dismissed as above.
Sd/-MOHAMMED NIAS C.P. JUDGE lsn WP(C) NO. 23203 OF 2025 5 2025:KER:52557 APPENDIX OF WP(C) 23203/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 27.09.2024 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 24.12.2024 ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT.
Exhibit P3 TRUE COPY OF THE M. C. NO. 255/2025 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATES COURT, MANJERI.
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE SUDHEESH K. DATED 10.03.2025.
Exhibit P5 TRUE COPY OF THE AMENDED S. A. NO. 73/2025 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL NO. 1, ERNAKULAM.
Exhibit P6 TRUE COPY OF THE PRINT OUT OF THE PROCEEDINGS DATED 27.03.2025 IN S. A. NO. 73/2025 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL NO. 1, ERNAKULAM.
Exhibit P7 TRUE COPY OF THE PRINT OUT OF THE PROCEEDINGS OF 20.06.2025 IN S. A. NO. 73/2025 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL NO. 1, ERNAKULAM.
Exhibit P8 TRUE COPY OF THE SALE NOTICE DATED 21.05.2025.